The following excerpt is from United States v. Moreno, 789 F.3d 72 (2nd Cir. 2015):
Second, even if the government acted negligently, negligence does not weigh in favor of the defendant unless it actually lengthened the delay. That is because negligence is not a reason for the delay, Barker, 407 U.S. at 530, 92 S.Ct. 2182 (emphasis added), unless there is a causal connection. Thus, delay cannot be attributable to a failure of diligence if diligence would have been futile. Cf. United States v. Blanco, 861 F.2d 773, 778 (2d Cir.1988) ; United States v. Diacolios, 837 F.2d 79, 83 (2d Cir.1988).
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