I am an inactive attorney and a friend of mine was recently convicted in a federal conspiracy charge, even though in a letter written by the DA attorneys office stating they did not believe she knew the money she transferred was for drugs, she nevertheless was convicted and ordered to begin her sentencing in June. However, with recent talks of perhaps releasing low risk non violent offenders due to the Coronavirus I began asking if they can do merely a suspension without also a reduction for the time in sentencing. In BETTERMAN, the court held the 6th amendment detaches once the defendant is convicted thus does not protect against delays. However the court did not answer the question as it relates to excessive delays under due process. Has this legal question been resolved and is it a legitimate legal question?
The district court has jurisdiction to delay a defendant's surrender date, but it has no jurisdiction to modify the sentence more than 14 days after its imposition, and within 14 days only for limited reasons (Fed. R. Crim. P. 35(a)). – Joshua Sabert Lowther, Esq., Atlanta, GA.
