tag:blogger.com,1999:blog-9615048.post5360862784918449183..comments2024-03-28T14:19:33.056-04:00Comments on Southern District of Florida Blog: News & NotesDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-9615048.post-46812536191615230322018-07-17T08:45:45.386-04:002018-07-17T08:45:45.386-04:00@8:46 - yes. But its not "pretending". I...@8:46 - yes. But its not "pretending". If you aren't convicted of something, the government should not have the power to punish you for it. <br /><br />Seems simple. I'm not sure why people find it difficult to understand. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-50184808886838279332018-07-15T14:28:30.661-04:002018-07-15T14:28:30.661-04:00Please consider the whole Booker decision, start w...Please consider the whole Booker decision, start with the Constitutional issues and not just the Remedial ruling. Being arbitrarily punished for a crime you were charged, tried and acquitted of is the very definition of Double Jeopardy.<br /><br />The preponderance standard is made-up, and incorrect. Here's a short read: https://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_cjmag_24_3_federalsentencing.authcheckdam.pdf<br /><br />Also, here is 'future Justice' Kavanaugh concurring opinion on the DC Circuit's 2nd review of US v Henry. <br />https://www.leagle.com/decision/20071382472f3d91011379<br /><br /><br /> Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-42064243491049925582018-07-15T08:46:49.352-04:002018-07-15T08:46:49.352-04:00909
I would argue calling it a fraud is a little s...909<br />I would argue calling it a fraud is a little strong. We look at all kinds of things under a preponderance standard at sentencing... why is acquitted misconduct different?<br /><br />If a defendant is charged with bringing in 2 drug loads, convicted of 1 but acquitted of the other because important evidence was suppressed, should the sentencing judge pretend the defendant was only involved in 1 drug load?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-9057909387995346632018-07-14T12:20:50.546-04:002018-07-14T12:20:50.546-04:00
Oh, you suggest as a way to comfort myself I eat ...<br />Oh, you suggest as a way to comfort myself I eat a defenseless creature? Sick.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-49481236377094318012018-07-13T18:40:08.216-04:002018-07-13T18:40:08.216-04:00245 why gotta try to make people feel bad over not...245 why gotta try to make people feel bad over nothing? You gotta lecture total strangers, for what reason? I suggest you go have a burger and a beer and cheer up Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-5348214942363037152018-07-13T17:27:10.536-04:002018-07-13T17:27:10.536-04:00Nelson needs to step up and stop these judges. Nelson needs to step up and stop these judges. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1964455506197169402018-07-13T14:45:42.335-04:002018-07-13T14:45:42.335-04:00It's so funny talking about people going to pr...It's so funny talking about people going to prison. Haha.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-24113731188299717382018-07-13T12:19:45.631-04:002018-07-13T12:19:45.631-04:001131
I totally agree. Using the word "crushin...1131<br />I totally agree. Using the word "crushing" is totally inappropriate. Its lewd, lascivious, salacious, outrageous!!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-43298667353251496992018-07-13T11:31:07.766-04:002018-07-13T11:31:07.766-04:00Why are we talking about "crushing" anyo...Why are we talking about "crushing" anyone? These are human beings after all. Maybe you're like that AUSA who couldn't work on the weekend trying to get young children out of prison because she had dog sitting responsibilities. Yes if a person commits perjury the judge should take that into account. But please stop talking about having to "crush" someone. <br /><br />Unless we also crush agents who lie, prosecutors and lawyers who lie and judges who lie. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-39677642641900202972018-07-13T07:21:19.637-04:002018-07-13T07:21:19.637-04:00Ok I dont think crushing someone just for going to...Ok I dont think crushing someone just for going to trial is okay. But if someone goes to trial and perjures himself, is it okay to crush him? Isn't that person very different from the one who apologizes up front?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-69078693807425648152018-07-12T21:09:15.162-04:002018-07-12T21:09:15.162-04:00Sentencing for acquitted conduct is just a form of...Sentencing for acquitted conduct is just a form of double jeopardy and a fraud upon the jury's verdict.<br /><br />The Supreme Court ruled clearly on Booker (part I) and it's Blakely progeny, but the USSC and Judges have chosen to ignore that part and jump back on the Guidelines are reasonable by default bandwagon. <br /><br />Secondly, it's like the Parole office is so used to take guidance from the DOJ for those 97% of the cases, they forgot how to do their jobs and rather be told what guidelines to use. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-86964817766335385982018-07-12T14:24:56.419-04:002018-07-12T14:24:56.419-04:00Why do you think I don't grant mistrials? Try ...Why do you think I don't grant mistrials? Try the case again? I have a tee time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-54619502425817272392018-07-12T14:09:42.428-04:002018-07-12T14:09:42.428-04:00Silly defense lawyer. If we don't hurt people ...Silly defense lawyer. If we don't hurt people for going to trial, more people would go to trial. More trials mean I have less time on the golf course. Should be pretty easier to understand. <br /><br />Anonymousnoreply@blogger.com