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The Sixth Amendment to the Constitution guarantees “the accused … the right to a speedy and public trial.” Luis Gutierrez argued that the federal government violated that right because it waited about two years after his indictment before proceeding with his federal case.
The government responded that its delay was due to a parallel state prosecution of Gutierrez and obstacles caused by the COVID-19 pandemic. The government also argued that Gutierrez suffered no prejudice from the delay.
Gutierrez argued the government’s pretrial delay deprived him of an argument he could have made at sentencing, which in turn could have won him a shorter sentence. But the speedy trial clause’s text and history show its protections are limited to the preconviction phase of a case and do not apply to alleged harms that occur after the defendant is found guilty.
The 10th Circuit Court of Appeals concluded that prejudice suffered at postconviction sentencing, even if it resulted from pretrial delay, is not cognizable under the Sixth Amendment’s speedy trial clause.
The 10th Circuit affirmed.