Reed v. Farley, 512 U.S. 339, 15 (1994)

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Cite as: 512 U. S. 339 (1994)

Opinion of the Court

Reed's trial commenced 54 days after the 120-day period expired. He does not suggest that his ability to present a defense was prejudiced by the delay. Nor could he plausibly make such a claim.11 Indeed, asserting a need for more time to prepare for a trial that would be "fair and meaningful," App. 128, Reed himself requested a delay beyond the scheduled September 19 opening. A showing of prejudice is required to establish a violation of the Sixth Amendment Speedy Trial Clause, and that necessary ingredient is entirely missing here. See Barker v. Wingo, 407 U. S. 514, 530 (1972) (four factors figure in the determination of Sixth Amendment speedy trial claims; one of the four is "prejudice to the defendant").

IV

More strenuously, Reed argues that Hill and similar decisions establish a standard for federal prisoners seeking relief under 28 U. S. C. § 2255,12 not for state prisoners seeking relief under § 2254. But it is scarcely doubted that, at least where mere statutory violations are at issue, "§ 2255 was intended to mirror § 2254 in operative effect." Davis v. United States, 417 U. S. 333, 344 (1974). Far from suggesting that the Hill standard is inapplicable to § 2254 cases, our decisions assume that Hill controls collateral review—under both §§ 2254 and 2255—when a federal statute, but not the

11 As the Court of Appeals noted: "Had Indiana put Reed to trial within 120 days of his transfer from federal prison, everything would have proceeded as it did. Reed does not contend that vital evidence fell into the prosecutor's hands (or slipped through his own fingers) between August 26 and September 19, 1983." 984 F. 2d, at 212.

12 Section 2255 provides in pertinent part: "A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, . . . may move the court which imposed the sentence to vacate, set aside or correct the sentence."

353

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