mr. rowley indicated there are rules there and no defendants have had the benefit of getting their sentences shortened because of those. >> well, i'm not aware of any defendants pressing claims any reported decisions on those claims one way or the other. but a defendant has that option. i think, fashioning a remedy just for delay is difficult. my friend, mentioned 14 months, but the delay was not 14 months of unjustified delay. like i said he does not make his claim until nine months. but before that there will be delay in sentencing. >> the court did say that it -- the delay was principally caused by the courts institutional problems. >> there was, a court took a while to decide post conviction motions and then it was institutional delay. i don't disa agree with that. my point is, there will always be delay in the process. to figure out what the remedy would be, simply by including the entire 14 months, i think would be a wind fall. especially in the case, where he was receiving credit on his sentence. >> that typical? is that typical for a sentencing court to give credit for time served? >

mr. rowley. >> mr. chief justice and may it please the court, the speedy trial clause applies to a criminal prosecution through its culmination and sentencing. it's not cut off when the defendant pleads or is found guilty. the clause guarantees a early and proper disposition of a criminal charge and that applies to the guilt stage of a prosecution when most defendants plead guilty and to the sentencing stage, which may be the only place in a criminal prosecution today, when a defendant mounts a defense. >> does the federal speedy trial act, does it cover sentencing or limited to trial? >> your honor, my understanding is that it's limited to trial. the court has recognized specific interests that are protected by the speedy trial clause and those interests apply not to presumptively innocent defendants, as the state and united states suggest, but some of them apply specifically to guilty defendants. in barker for instance the court notes that one of the interests that is protected by this clause is the i