The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Wednesday, June 29, 2011
Vanishing precedent
Rojas isn’t gone only from the Eleventh Circuit’s website. It’s gone from Westlaw and apparently everywhere else as well. The Federal Public Defender has been fielding requests for copies of the mysteriously vanished decision. Here it is: Rojas
Hmmmm . . . interesting. Opinion was published - published cases are immediately binding - no order stating that the case was withdrawn - and opinion is now public via your blog at least. I say it is still a binding, published opinion. Move over West, here comes Markus.
retroactive amendments would not affect mandatory minimums -- only application of FSA to offenses committed prior to Aug 3, 2010 would affect mandatory minimum in those cases -
we need a mole inside the 11th cir [note: that is not a shot at Carnes' 'stache - ok it is]
Hmmmm . . . interesting. Opinion was published - published cases are immediately binding - no order stating that the case was withdrawn - and opinion is now public via your blog at least. I say it is still a binding, published opinion. Move over West, here comes Markus.
ReplyDeleteI've heard of corruption coverups and planted gun coverups . . .but a case opinion coverup?!!!
ReplyDeleteI wish they would coverup most of the eleventh Circuit jurisprudence over the last 20 years so we can start from scratch.
Maybe pulled in light of Commission's impending vote to make crack guidelines retroactive? Is the issue now mooted?
ReplyDeleteretroactive amendments would not affect mandatory minimums -- only application of FSA to offenses committed prior to Aug 3, 2010 would affect mandatory minimum in those cases -
ReplyDeletewe need a mole inside the 11th cir [note: that is not a shot at Carnes' 'stache - ok it is]
Heads up to all, just got my Fla. L. Weekly, the decision is published in there.
ReplyDelete