United States v. William B. Campbell, 531 F.2d 1333 (5th Cir. 1976). · Go Syfert
United States v. William B. Campbell, 531 F.2d 1333 (5th Cir. 1976). Cases Citing This Book View Copy Cite
94 citation events (40 in the last 25 years) across 25 distinct courts.
Strongest positive: United States v. Kenny Washington (ca5, 2016-02-01)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
examined Cited as authority (rule) United States v. Kenny Washington (6×) also: Cited "see"
5th Cir. · 2016 · confidence medium
Thereafter, in United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976), we applied the Barker factors, but we did not presume prejudice despite a “clearly unreasonable” six-year delay between conviction and sentencing.
examined Cited as authority (rule) United States v. Kenny Washington (3×) also: Cited "see"
5th Cir. · 2015 · confidence medium
Thereafter, in United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976), we applied the Barker factors, but we did not presume prejudice despite a “clearly unreasonable” six-year delay between conviction and sentencing.
discussed Cited as authority (rule) United States v. Lummie Sanders (2×)
6th Cir. · 2006 · confidence medium
See, e.g., United States v. Reese, 568 F.2d 1246, 1253 (6th Cir.1977); Burkett v. Cunningham, 826 F.2d 1208, 1220 (3d Cir.1987) (collecting cases); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976).
discussed Cited as authority (rule) United States v. Sanders
6th Cir. · 2006 · confidence medium
See, e.g., United States v. Reese, 568 F.2d 1246, 1253 (6th Cir. 1977); Burkett v. Cunnigham, 826 F.2d 1208, 1220 (3d Cir. 1987) (collecting cases); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976).
discussed Cited as authority (rule) United States v. Croxford
D. Utah · 2004 · confidence medium
Perez v. Sullivan, 793 F.2d 249, 253 (10th Cir.1986), cert. denied, 479 U.S. 936 , 107 S.Ct. 413 , 93 L.Ed.2d 364 (1986) (citing United States v. Sherwood, 435 F.2d 867, 868 (10th Cir.1970), cert. denied, 402 U.S. 909 , 91 S.Ct. 1381 , 28 L.Ed.2d 649 (1971); Whaley v. United States, 394 F.2d 399 (10th Cir.1968); United States v. Campisi, 583 F.2d 692, 694 (3rd Cir.1978); United States v. Reese, 568 F.2d 1246 (6th Cir.1977); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 121 (1977); United States v. Tortorello, 391 F.2d 587 …
discussed Cited as authority (rule) State v. Todisco
N.M. Ct. App. · 2000 · confidence medium
Cir.1978); United States v. Reese, 568 F.2d 1246, 1253 (6th Cir.1977); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976); United States v. Tortorello, 391 F.2d 587, 589 (2d Cir.1968). {17} Similarly, as Defendant notes in his brief in chief, many state courts also have assumed or expressly held that sentencing is part of the trial for purposes of speedy trial protection under the Sixth Amendment.
cited Cited as authority (rule) Massengill v. State
Miss. Ct. App. · 1999 · confidence medium
A delay in sentence may violate the right to a speedy trial, U.S. v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976).
discussed Cited as authority (rule) State v. Allen
Wis. Ct. App. · 1993 · confidence medium
By the Court. — Judgment affirmed. 1 The sixth amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial 2 See United States v. Sherwood, 435 F.2d 867, 868 (10th Cir. 1970); see also Burkett v. Cunningham, 826 F.2d 1208, 1220 (3d Cir. 1987); United States v. Campisi, 583 F.2d 692, 694 (3d Cir. 1978); United States v. Reese, 568 F.2d 1246, 1253 (6th Cir. 1977); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976); United States v. Tortorello, 391 F.2d 587, 589 (2d Cir. 1968). 3 See supra, note 2. 4 See, e.g., Perez (15 months e…
examined Cited as authority (rule) Wayne Paul Burkett, K-8595 v. Thomas A. Fulcomer, Superintendent, Answering Blair County District Attorney. Wayne Paul Burkett (4×) also: Cited "see"
3rd Cir. · 1991 · confidence medium
Because the court continued in its Barker v. Wingo analysis, however, we can presume that it concluded that Burkett satisfied this threshold requirement. 9 We agree that Burkett did satisfy the first prong, even though the delay he experienced was not as egregious as others reported, see, e.g., Burkett I, 826 F.2d at 1210 (five and one-half years from conviction, Burkett not sentenced); United States v. Campbell, 531 F.2d at 1333 (six year delay); Juarez-Casares v. United States, 496 F.2d 190, 192 (5th Cir.1974) (prisoner discharged after 31 month delay); Hooper v. Cunningham, 1985 W.L. 390 at…
discussed Cited as authority (rule) United States v. Juvenile Male
6th Cir. · 1991 · confidence medium
See, e.g., United States v. Reese, 568 F.2d 1246, 1253 (6th Cir.1977); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976); United States v. Sherwood, 435 F.2d 867, 868 (10th Cir.1970); United States v. Tortorello, 391 F.2d 587, 588-89 (2d Cir.1968).
examined Cited as authority (rule) Wayne Paul Burkett v. Richard Cunningham, Warden (10×) also: Cited "see", Cited "see, e.g."
3rd Cir. · 1987 · confidence medium
Tinghitella v. State of California, 718 F.2d 308, 312-13 (9th Cir.1983); United States v. Merrival, 600 F.2d 717, 720 (8th Cir.1979); United States v. Howard, 577 F.2d 269, 270 (5th Cir.1978); United States v. Reese, 568 F.2d 1246, 1253 (6th Cir.1977); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 121 (1977); Juarez-Casares v. United States, 496 F.2d 190, 192 (5th Cir.1974) (prisoner discharged for 31-month delay); Hooper v. Cunningham, Civ.
discussed Cited as authority (rule) Filimon Castillo Perez v. George E. Sullivan, Warden, and Attorney General, State of New Mexico (2×) also: Cited "see, e.g."
10th Cir. · 1986 · confidence medium
Since that decision, this circuit and all others which have addressed the issue have either treated the subject as established law or have perpetuated the Court’s assumption in Pollard . 2 See United States v. Sherwood, 435 F.2d 867, 868 (10th Cir.1970), cert. denied, 402 U.S. 909 , 91 S.Ct. 1381 , 28 L.Ed.2d 649 (1971); Whaley v. United States, 394 F.2d 399 (10th Cir.1968); see also United States v. Campisi, 583 F.2d 692, 694 (3d Cir.1978); United States v. Reese, 568 F.2d 1246 (6th Cir.1977); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976), cert. denied, 434 U.S. 851 , 98 S.C…
discussed Cited as authority (rule) John Terry v. Jack Duckworth and Linley E. Pearson (2×)
7th Cir. · 1983 · confidence medium
Thus, the petitioner properly relied on Moore for the proposition it clearly states and for which it has been cited on numerous occasions, United States v. Quinones, 516 F.2d 1309, 1311 (1st Cir.), cert. den. 423 U.S. 852 , 96 S.Ct. 97 , 46 L.Ed.2d 76 (1975); United States v. MacDonald, 632 F.2d 258, 269 (4th Cir.1980); United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.), cert. den. 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 121 (1977); Trigg v. State of Tennessee, 507 F.2d 949 , 954 fn. 11 (6th Cir.), cert. den. 420 U.S. 938 , 95 S.Ct. 1148 , 43 L.Ed.2d 414 (1975); United States v. Anders…
discussed Cited as authority (rule) United States v. DeLuca
S.D.N.Y. · 1982 · confidence medium
Numerous circuit courts have followed the Supreme Court’s lead and made the same assumption, although some have read the Supreme Court’s actual holding as being limited to cases in which delay was “purposeful or oppressive.” See, e.g., U.S. v. Campisi, 583 F.2d 692, 694 (3d Cir. 1978); U.S. v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 121 (1977); Juarez-Casares v. U.S., 496 F.2d 190, 192 (5th Cir. 1974); Brooks v. U.S., 423 F.2d 1149 (8th Cir.), cert. denied, 400 U.S. 872 , 91 S.Ct. 109 , 27 L.Ed.2d 111 (1970); U.S. v. Tortore…
discussed Cited as authority (rule) United States v. Alston (2×)
D.C. · 1980 · confidence medium
In Pollard v. United States, 352 U.S. 354, 361 , 77 S.Ct. 481, 486 , 1 L.Ed.2d 393 (1957), the Supreme Court assumed “arguendo that sentence is part of the trial.” In United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 (1977), concerning a defendant who was not finally sentenced until six years after conviction, the court considered arguments advanced against the delay under both Sixth Amendment and due process “together.” In Doescher v. Estelle, 454 F.Supp. 943, 949 (N.D.Tex.1978) (dicta), the court citing Pollard and Campbell said…
cited Cited as authority (rule) Katz v. Commonwealth
Mass. · 1979 · confidence medium
United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976), cert. denied, 434 U.S. 851 (1977).
discussed Cited as authority (rule) State v. Sterling
Wash. Ct. App. · 1979 · confidence medium
The Pollard court found no constitutional infringement because there was no evidence of "purposeful or oppressive" delay on the State's part and because the sentencing error was promptly remedied upon its discovery. 1 See also United States v. Reese, 568 F.2d 1246 (6th Cir. 1977); United States v. Campbell 531 F.2d 1333, 1335 (5th Cir. 1976), cert. denied, 434 U.S. 851 , 54 L.
discussed Cited as authority (rule) United States v. Anthony Campisi, Peter S. Campisi, Peter A. Campisi, Carman Charles Campisi. Appeal of Peter A. Campisi (2×) also: Cited "see, e.g."
3rd Cir. · 1978 · confidence medium
The Fifth Circuit in United States v. Campbell, 531 F.2d 1333, 1335 (1976) applied the Barker balancing test to the sentencing situation.
discussed Cited as authority (rule) Gonzales v. State (2×)
Alaska · 1978 · confidence medium
United States v. Campbell, 531 F.2d 1333, 1335-1336 (5th Cir. 1976); Juarez-Casares v. United States, 496 F.2d 190, 192 (5th Cir. 1974); Welsh v. United States, 348 F.2d 885, 886-887 (6th Cir. 1965). 7 .
examined Cited "see" United States v. Kim Curtiss Danner (3×) also: Cited "see, e.g."
11th Cir. · 2011 · signal: see · confidence high
See Campbell, 531 F.2d at 1335 .
discussed Cited "see" United States v. Ray
2d Cir. · 2009 · signal: see · confidence high
See United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976) (“The Supreme Court has stated that unreasonable delay in sentencing may constitute a violation of a defendant’s Sixth Amendment right to a speedy trial.” (citing Pollard)); United States v. Howard, 577 F.2d 269, 270 (5th Cir. Court assumed that it did.”). 10 More recently, the Tenth Circuit has stated, in a case involving a four-year delay in ruling on a post-sentencing motion for a new trial, that “[t]he Sixth Amendment guarantees all criminal defendants the right to a speedy trial; we have applied this right from a…
discussed Cited "see" United States v. Ray
2d Cir. · 2009 · signal: see · confidence high
See United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir.1976) (“The Supreme Court has stated that unreasonable delay in sentencing may constitute a violation of a defendant’s Sixth Amendment right to a speedy trial.” (citing Pollard)); United States v. Howard, 577 F.2d 269, 270 (5th Cir.1978) (relying on Campbell without elaboration); United States v. Abou-Kassem, 78 F.3d 161 , 167 & n.25 (5th Cir.1996) (relying on Howard without elaboration); United States v. Peters, 349 F.3d 842 , 850 & n. 34 (5th Cir.2003) (relying on Abou-Kassem without elaboration).
discussed Cited "see" Commonwealth v. Pounds (2×)
Pa. · 1980 · signal: see · confidence high
See United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976).
discussed Cited "see, e.g." American Samoa Government v. Seumanu
amsamoa · 2005 · signal: see, e.g. · confidence low
See e.g., United States v. Campbell, 531 F.2d 1333 (six year delay); Juarez-Casares v. U.S., 496 F.2d 190 (5th Cir. 1974) (31 months); United States v. James, 459 F.2d 443 (5th Cir. 1972) (three year delay); Brady v. Superintendent, Anne Arundel County Detention Center, 443 F.2d 1307 (4th Cir. 1971) (eight year delay).
cited Cited "see, e.g." Trotter v. State
Miss. · 1989 · signal: see also · confidence low
See also United States v. Campbell, 531 F.2d 1333 (1976), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 121 (1977); 3 C.
discussed Cited "see, e.g." State v. Banks
Utah · 1986 · signal: see, e.g. · confidence medium
See, e.g., United States v. Campbell, 531 F.2d 1333, 1335-36 (5th Cir.1976), cert. denied, 434 U.S. 851 , 98 S.Ct. 164 , 54 L.Ed.2d 121 (1977); Welsh v. United States, 348 F.2d 885, 886-87 (6th Cir.1965); State v. Fennell, 218 Kan. 170 , 542 P.2d 686, 694 (1975).
discussed Cited "see, e.g." White v. Henderson (2×)
S.D.N.Y. · 1979 · signal: see, e.g. · confidence medium
See, e. g., United States v. Campbell, 531 F.2d 1333, 1335 (5th Cir. 1976); Juarez-Casares v. United States, 496 F.2d 190, 192 (5th Cir. 1974); United States v. Tortorello, 391 F.2d 587, 589 (2d Cir. 1968); see also Welsh v. United States, 348 F.2d 885, 887 (6th Cir. 1965); United States v. Grabina, 309 F.2d 783, 786 (2d Cir. 1962).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
William B. CAMPBELL, Defendant-Appellant
75--4364.
Court of Appeals for the Fifth Circuit.
May 24, 1976.
531 F.2d 1333
1976 U.S. App. LEXIS 8890
William T. Burkhalter, Macon, Ga. (Court-appointed), for defendant-appellant., Ronald T. Knight, U. S. Atty., Edgar W. Ennis, Jr., Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.
Brown, Gewin, Morgan.
Cited by 47 opinions  |  Published

LEWIS R. MORGAN, Circuit Judge:

Appellant William B. Campbell was convicted by a jury on October 27,1969, of two counts in violation of the federal firearms laws, 26 U.S.C.A. §§ 5861(d), 5861(e), 5871. [1] On October 31, 1969, he was sentenced under the provisions of 18 U.S.C.A. § 4208(b) for the maximum term of imprisonment, five years, on each of the counts, to be served consecutively, pending a study to be completed by the Director of the Bureau of Prisons to determine an appropriate sentence, given his unique physical condition. Campbell was not finally sentenced until December 5, 1975 when he was placed on three years probation. He appeals that sentence as being in violation of his right to a speedy trial. We vacate and remand for further fact-finding as to whether he suffered prejudice because of the delay.

[*1335] At the time that Campbell’s conviction was affirmed, he was in the custody of the state of Georgia in the Bibb County jail. Although state authorities were served with a federal detainer notice, no action was taken by federal authorities when Campbell was released from the county jail on probation in July, 1971. He was not taken into federal custody until October 16, 1975, when he was placed in technical custody with the place of confinement designated as his home. This was because Campbell has been afflicted with muscular dystrophy since he was 18 months old and has been completely bed-ridden since he was 18 years old. At the present time he is over 42 years old, with his long survival apparently resulting from the continuous care of Campbell by his mother. While in the Bibb County jail, Campbell had been placed in the women’s section of the jail, where his mother was allowed to live with him to continue such care. It is apparently accepted that if Campbell were to be placed in confinement and separated from his mother that it would almost certainly result in his death.

Although the initial order of the court in 1969 that a Section 4208(b) study be made, the required study was not commenced until October 16, 1975 when Campbell was taken into custody. [2] Campbell argues on appeal that the four year delay in placing him in custody before commencing to prepare the study was a violation of Rule 32, F.R.Crim.P., a denial of his Sixth Amendment right to a speedy trial, and a denial of due process. Because the factors to be considered with respect to each argument are essentially the same, we will discuss these grounds together.

The Supreme Court has stated that unreasonable delay in sentencing may constitute a violation of a defendant’s Sixth Amendment right to a speedy trial. Pollard v. United States, 1957, 352 U.S. 354, 77 S.Ct. 481, 1 L.Ed.2d 393. In the consideration of whether there has been a violation of a defendant’s Sixth Amendment rights, the Supreme Court has enunciated four factors that should be considered: the length of delay, the reason for the delay, whether a defendant has asserted his Sixth Amendment right, and whether prejudice to a defendant has resulted from the delay. Barker v. Wingo, 1972, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101. A defendant need not necessarily show affirmative prejudice or any particular one of these factors to justify a finding by the court that there has been a denial of his right to a speedy trial. Moore v. Arizona, 1973, 414 U.S. 25, 94 S.Ct. 188, 38 L.Ed.2d 183. This court has also considered whether unreasonable delay in a § 4208(b) sentencing has caused prejudice to the defendant in determining whether relief was warranted. United States v. James, 5 Cir., 1972, 459 F.2d 443. See also Juarez-Casares v. United States, 5 Cir., 1974, 496 F.2d 190.

A delay of four years in beginning the study was clearly unreasonable, but does not by itself require relief. See United States v. James, 5 Cir., supra. We therefore consider the other factors. In this case, the asserted reason for delay in commencing the study was the ostensible hope of the government that Campbell’s condition would improve, thereby enabling the government to make some reasonable disposition of his case. Such a hope seems specious, however, given the state of current medical knowledge regarding the progressive nature of muscular dystrophy and the extent of the disease in Campbell. At best, this would seem to represent benign neglect by the government of Campbell’s situation but cannot by itself justify the delay.

The failure by Campbell to assert his right during this period does not seem to carry much weight in this situation, in that, as stated by his counsel, a request to be confined would essentially have been a death sentence for him. The real question would appear to be whether the failure to[*1336] commence the study or to take Campbell into custody for four years resulted in any actual prejudice to Campbell. The government argues that there was no prejudice to Campbell, because no legal right of his was adversely affected by the delay. The government also argues that the nature of the custody now imposed, which is merely probation, underscores this lack of prejudice. Finally, the government argues that the only evidence of nonlegal prejudice were the allegations made by Campbell in his motion to stay imposition of sentence that he had suffered physical and psychological strain.

Even though there was no explicit finding of prejudice by the district court, we find this to be a close case, because of the extreme length of the delay and the lack of any sufficient reason for that delay. Since the district court did not consider on the record whether Campbell’s allegations of prejudice were supported by any evidence, we vacate and remand for consideration of this and the other above enumerated factors.

VACATED and REMANDED.

1

. Campbell’s mother, Mrs. Betty D. Ludlow was also indicted, but she was acquitted at the same trial. Campbell appealed his conviction, which was affirmed by this court in United States v. Campbell, 5 Cir., 1970, 427 F.2d 892. The mandate of this court was entered in the district court file on May 25, 1971.

2

. The study itself was completed within the statutory time limit of three to six months after commitment, because Campbell was not committed until he was taken into technical custody on October 16, 1975. See Bolduc v. United States, 5 Cir., 1966, 363 F.2d 832.