United States v. Sanchez

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this unusual case, the Department of Probation served the defendant with a summons charging him with a violation of supervised release, approximately four years after the defendant pleaded guilty to the state drug charges which form the basis for the alleged violation. At issue is the defendant’s motion to dismiss the summons, on the ground that the years of delay between the alleged violation and the issuance of the summons violates his due process rights and U.S.S.G. § 7B1.2(a).

I. BACKGROUND

On March 2, 1990, the defendant, Carlos…