Federal Sentencing Guidelines under attack by...

... Lindsay Lohan. 

She tweeted the following:

It is clearly stated in Article 5 of the U.N. Universal Declaration of Human Rights that...., "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." this was taken from an article by Erik Luna.. "November 1 marked the 15th anniversary of the U.S. Sentencing Guidelines. But there were no celebrations, parades, or other festivities in honor of this punishment scheme created by Congress and the U.S. Sentencing Commission... Instead, the day passed like most others during the last 15 years: Scores of federal defendants sentenced under a constitutionally perverted system that saps moral judgment through its mechanical rules."

Speaking of Federal Sentencing Guidelines -- Judge Cohn sentenced former Miramar Commissioner Fitzroy Salesman today to 51 months' imprisonment.  (Here's the Sun-Sentinel article).  The government had asked for 8-10 years.  In Judge Cohn's last big sentencing -- Scott Rothstein -- he went over the government's recommendation...  This time, he explained, Salesman's sentence should be in line with the other politicians caught in the scheme -- former School Board member Beverly Gallagher and former County Commissioner Josephus Eggelletion.  Sounds right. 

Sun-Sentinel profiles Judge Jimmy Cohn

Paula McMahon does a very nice job here, describing him as "a true Southern gentleman" and "tough but fair." He's being profiled because he's got three huge sentencings coming up -- Scott Rothstein, Beverly Gallagher, and Fitzroy Salesman. Judge Cohn did what more judges should do and agreed to be interviewed for the article...

Some highlights from McMahon's article:

• Cohn, 61, is a lifelong Democrat nominated to the federal judiciary in 2003 by Republican President George W. Bush and confirmed 96-0 by a Republican-dominated Senate during a bitterly partisan era. His confirmation hearing was described by the Sun Sentinel as "a striking display of harmony in a contentious arena" but Cohn said that, as a Democrat selected by a Republican president, he was unlikely to face opposition.
• Growing up in Tuskegee, Ala., during the civil rights struggles of the 1950s and 60s, the Cohns owned a store and were one of two Jewish families in town. There was no synagogue so Cohn, his parents and his two sisters drove 40 miles west to the Reform temple in Montgomery for religious classes. "The worst part of it was I missed the first half of the NFL game," Cohn said wryly.
• "You want to assimilate, you don't want to be different, no kid wants to be different," Cohn said. "On the other hand, you want to maintain your Jewish heritage and traditions."For Cohn, playing sports was the best way to fit in. He was a quarterback on the Tuskegee High School football team, an all-star second baseman in baseball, ran track and played basketball.
• After passing his bar exams in Alabama and Florida, his sister and parents, who retired to South Florida, persuaded him to interview here. After a brief stint as a Broward public defender, then State Attorney Philip Shaler offered him a $1,000 raise — to $13,000 — to be a prosecutor. Cohn prosecuted cases from 1975 to 1978, working with two men who are still his friends, current State Attorney Mike Satz and defense attorney Richard Garfield.
• Jurors trusted his sincerity and people at the county courthouse still talk about how he won a "not guilty by reason of insanity" jury verdict on a first-degree murder case — a difficult feat under Florida's restrictive law. The defendant, Robert Lee Endicott shot and killed a young woman in Fort Lauderdale in 1979. Endicott is still involuntarily committed 30 years later.
• He awakes at 5 a.m., doesn't use an alarm clock and has never overslept in his life. He's at the gym by 5:30 a.m. and goes to bed by 9 or 9:30 p.m. "unless there's a ball game."

There's a whole lot more, including how Judge Cohn overcame a stutter in the ninth grade, the adoption of his son, how he tried 144 cases one year as a state judge (second place only to Judge Dimitrouleas), watching Seinfeld reruns, loving Alabama, and other gems.

The article is definitely worth a read.

"I am not going to testify, your honor"

That was Fitzroy Salesman to Judge Cohn yesterday as both sides rested. Today, closing arguments and the jury should have the case by lunchtime.

Everyone is starting to gear up for the Justice Stevens' retirement. The top three choices to fill his spot. from the AP:

Two of the three top contenders, Judge Diane Wood, 59, of the federal appeals court in Chicago and Solicitor General Elena Kagan, 49, were finalists last year when Obama chose Sonia Sotomayor to replace Justice David Souter.
Judge Merrick Garland, 57, of the federal appeals court in Washington, is a former high-ranking Justice Department official who is well respected and considered least likely to engender significant Republican opposition.
The three high court prospects have different strengths and weaknesses. But even conservative activists say any of the three would likely win confirmation in a Senate in which Democrats control 59 seats. Yet Republican Sen. Jon Kyl of Arizona said Sunday he would not rule out delaying tactics if Obama nominates "an overly ideological person."
A fight over a second Obama Supreme Court nominee could rev up both Democratic and Republican fundraising machines for the November election, even though Stevens' replacement by a liberal-leaning justice would not alter the court's ideological balance.

Still no Floridian.... (although Stevens does live in Ft. Lauderdale...)

Public corruption trial begins for former Miramar Commissioner Fitzroy Salesman

Here's the preview article by the Sun-Sentinel. Should be interesting:

The defense's case is more unpredictable. Salesman's attorney, Jamie Benjamin, said his client denies that he did anything criminal. One possible argument floated by the defense is that Salesman can't be accused of abusing his office because he was suspended at the time of some of the alleged offenses, due to unrelated legal problems.Benjamin also planned to put on a defense of entrapment."The government turned a casual friendship with Mr. Salesman, where he was more than happy to do favors for people who had befriended him, into one where, like any organized crime ring, they got their tentacles around him," Benjamin wrote in court documents.But U.S. District Judge James Cohn's rulings last week left the defense concerned that if they go too far in accusing the FBI of entrapment, misconduct or racist motivations, it could open the door for prosecutors to tell the jury more unflattering information about Salesman.Cohn ruled Friday there was no evidence of racial hostility, as the defense alleged, in the federal investigation of Salesman, who is black."In addition, the court finds no evidence of governmental misconduct, much less outrageous governmental misconduct," the judge said, rejecting a defense request to dismiss some of the charges.