19-408 U.S. v. Cabral United States Court of Appeals for the Second Circuit _____________________________________ August Term 2019 (Argued: February 19, 2020 Decided: November 2, 2020) No. 19-408 _____________________________________ UNITED STATES OF AMERICA, Appellee, — v. — PAULO RICARDO DEBARROS CABRAL, AKA VICTOR SCHMIDT, AKA PAULO BARROS, AKA HANS SCHMIDT, Defendant-Appellant. _____________________________________ Before: KEARSE, KATZMANN, and BIANCO, Circuit Judges. Defendant-appellant Paulo Ricardo Debarros Cabral appeals from a judgment of conviction entered on February 14, 2019, in the United States District Court for the Southern District of New York (Hellerstein, J.), following his conditional guilty plea. Cabral argues that the 11-year delay between his 2007 indictment and 2018 arrest violated his Sixth Amendment right to a speedy trial. In particular, Cabral challenges the district court’s findings that (1) the delay was attributable to Cabral fleeing to Brazil in 2006 to avoid prosecution, (2) the government exercised reasonable diligence in determining whether Cabral returned to the United States despite its failure to detect his periodic travel into and out of the United States from 2012 until his arrest in 2018, and (3) Cabral has shown no prejudice from the delay. We conclude that the district court’s findings were not clearly erroneous and, in light of those findings, hold that the delay, though lengthy, did not violate the Sixth Amendment. Accordingly, we AFFIRM the district court’s judgment of conviction. JACOB R. FIDDELMAN, Assistant United States Attorney (Won S. Shin, on the brief), for Audrey Strauss, Acting United States Attorney for the Southern District of New York, New York, NY, for Appellee. PHILIP L. WEINSTEIN, Of Counsel, Federal Defenders of New York, Inc., New York, NY, for Defendant- Appellant. _____________________________________ JOSEPH F. BIANCO, Circuit Judge: Defendant-appellant Paulo Ricardo Debarros Cabral appeals from a judgment of conviction entered on February 14, 2019, in the United States District Court for the Southern District of New York (Hellerstein, J.), following his conditional guilty plea. Cabral argues that the 11-year delay between his 2007 indictment and 2018 arrest violated his Sixth Amendment right to a speedy trial. In particular, Cabral challenges the district court’s findings that (1) the delay was attributable to Cabral’s fleeing to Brazil in 2006 to avoid prosecution, (2) the government exercised reasonable diligence in determining whether Cabral returned to the United States despite its failure to detect his periodic travel into 2 and out of the United States from 2012 until his arrest in 2018, and (3) Cabral has shown no prejudice from the delay. We conclude that the district court’s findings were not clearly erroneous and, in light of those findings, hold that the delay, though lengthy, did not violate the Sixth Amendment. Accordingly, we AFFIRM the district court’s judgment of conviction. I. BACKGROUND A. Cabral’s Criminal Conduct and Departure from the United States From January to July 2006, Cabral deposited stolen credit card convenience checks into his bank accounts, and immediately withdrew money from the accounts before the checks could be rejected by the banks as fraudulent. According to the government, Cabral obtained ...
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