DOJ-OGR-00009606.jpg
653 KB
Extraction Summary
2
People
2
Organizations
0
Locations
1
Events
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Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
653 KB
Summary
This document is a page from a legal filing by the government in a criminal case, dated February 25, 2022. The government argues against a defendant's motion, asserting that the defendant's claims of prejudice due to pre-indictment delay are speculative and unsupported by evidence. The government specifically refutes the defendant's argument that lost flight manifests would have been helpful to the defense, citing legal precedents to argue that the defendant has failed to meet the heavy burden of proving actual prejudice.
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Mentioned as the opposing party to the defendant, arguing that flight manifests could have helped their case.
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| DOJ-OGR | government agency |
Appears in the footer as part of a document control number (DOJ-OGR-00009606), likely indicating the Department of Ju...
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Timeline (1 events)
Relationships (1)
The document is a legal filing where the Government is arguing against a motion made by the defendant.
Key Quotes (5)
"motion is unsupported by any proof that might substantiate a finding of actual and substantial prejudice as a result of the delay."Source
— Berry, 2021 WL 2665585, at *2
(Quoted to argue against the defendant's motion regarding prejudice from delay.)
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Quote #1
"bare assertions do not satisfy the ‘definite and not speculative’ requirements attendant on the [defendant’s] ‘heavy burden’ to show actual prejudice."Source
— Berry, 2021 WL 2665585, at *2
(Quoted to describe the high standard the defendant must meet to prove prejudice, which the government argues has not been met.)
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Quote #2
"not entitled to any such inference” “[a]s the side that bears the burden."Source
— Berry, 2021 WL 2665585, at *2
(Quoted to state that the defendant, who has the burden of proof, cannot simply infer that lost evidence would have been favorable.)
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Quote #3
"Without even a cursory showing of what the evidence would have shown, the [defendant] raise[s] ‘at most the possibility of prejudice,’ but ‘[n]o actual prejudice is established.’"Source
— United States v. Foddrell, 523 F.2d 86, 88 (2d Cir. 1975)
(Quoted to argue that the defendant has only shown a possibility of prejudice, not actual prejudice, which is required.)
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Quote #4
"they were male or female."Source
— Unknown (from transcript Tr. 172-73)
(Quoted in a footnote to illustrate the speculative nature of the information the defendant claims would be in the flight manifests.)
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Quote #5
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