Wednesday, June 27, 2007
Posted by David Markus
Today the Eleventh Circuit, in an unpublished opinion, affirmed a sentence meted out by Judge Donald Graham in United States v. Aguirre-Lopez. One of the issues raised by Aguirre-Lopez was that the 11th Circuit should wait until the Supreme Court decided Rita before issuing an opinion. The 11th Circuit said that wasn't necessary -- it need not wait on the High Court to issue an opinion in Rita because it wouldn't affect the outcome. Fair enough..... except one thing: the Supreme Court decided Rita last Thursday and Aguirre Lopez came out today. WHOOPS!