The following excerpt is from Sloan v. Marshall, 995 F.2d 233 (9th Cir. 1993):
Excessive delay in the appellate process may give rise to a due process claim. Coe v. Thurman, 922 F.2d 528, 530 (9th Cir.1990). This court considers the following four factors in determining whether or not the delay has been excessive enough to constitute a due process violation: (1) the length of delay; (2) the reason for delay; (3) the petitioner's assertion of his right; and (4) prejudice to the petitioner. Id. at 531. The district court applied these four factors, and found no due process violation. We agree.
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