United States v. Homer Lee Tucker

WILLIAM A. NORRIS,

concurring:

The majority holds that we may not use the supervisory power of the federal judiciary to remedy extreme appellate delay without a showing of trial prejudice. I write separately because, without analysis, the majority unnecessarily diminishes the supervisory power of the federal judiciary by accepting United States v. Hasting, 461 U.S. 499, 103 S.Ct. 1974, 76 L.Ed.2d 96 (1983), as controlling authority even though this is a case of appellate delay rather than trial error. In so doing, the majority effectively forecloses the use of supervisory power by the federal…