Wednesday, June 27, 2007

Whoops

Today the Eleventh Circuit, in an unpublished opinion, affirmed a sentence meted out by Judge Donald Graham in United States v. Aguirre-Lopez.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!
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2 comments:

  1. Anonymous6:03 PM

    Obviously, the law clerks who really write unpublished decisions wrote this pre-Rita, and the judges who never really read the unpublished opinions written by their law clerks, never noticed. But that just highlights the quality of what comes out of unpublished decisions.

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  2. KaySieverding2:03 PM

    So does that mean that the appellate court abused its discretion and the plaintiff is entitled to mandamus at the Supreme Court or to reversal under rule 60(b)6?

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