"There is no constitutionally significant difference between masturbating in front of a minor in person versus doing so via web camera."

That's the Eleventh Circuit in USA v. Aldrich. Not sure I have anything to add to that one.

Moving on to other appellate news, the 11th Circuit reversed Judge Highsmith's sentence of probation for James Hendrick, "once Monroe County's powerful government attorney." Here's Jay Weaver's article and here's the opinion. The entire analysis on the sentencing is as follows:

The government cross-appeals Hendrick’s below-guidelines sentence. After
carefully reviewing the record and considering the arguments that the parties
briefed and orally argued, we agree with the government that the sentence is both
procedurally and substantively unreasonable. We accordingly vacate it and
remand for resentencing.

That's it? I understand (sort of) short opinions from appellate courts when they affirm, but to reverse with no analysis...

What say you dear readers? I have taken off moderation, so please be appropriate in the comments.

Cert petition denied for Sal Magluta

Here's the AP:

A reputed cocaine kingpin has lost his fight to reduce his 195-year prison term.
The Supreme Court, acting Monday, rejected an appeal from Salvador Magluta, who was convicted of laundering at least $730,000 in drug money and bribing a juror at an earlier trial. The federal appeals court in Atlanta threw out the bribery count, but otherwise upheld the lengthy sentence.
Magluta asked the high court to take his case to consider whether the government should have been barred from trying him again after a jury acquitted him in 1996 of charges based on the same conduct. He also disputed the sentence's length since the judge acknowledged he took into account money laundering charges on which the jury found Magluta not guilty.
The case is Magluta v. U.S., 08-731.

TalkLeft has coverage of the case here.

Here's $60K to go work somewhere else

Apparently some of the big firms in DC, Boston, and New York are paying people to take a year off and work at a public interest job. Here's the Boston Globe story. Any word of that happening here in Miami?

From the article:

With his degree from Harvard Law School due in June, Juan Valdivieso makes an attractive prospective hire, and last summer, he scooped up a postgraduation job offer from the white-shoe firm Morgan, Lewis & Bockius in his native Washington, D.C.

But as the recession deepens, budgets tighten - even at top-notch law firms. Morgan, Lewis & Bockius e-mailed Valdivieso last month that it would have to defer his employment for a year, until the fall of 2010. But the company threw him a lifeline: It would pay him a $60,000 stipend if he spent the year after graduation at an unpaid public service job. The 28-year-old is looking for work in an organization that will indulge his interest either in civil rights or consumer protection.

What up SDFLA?

It was a nice weekend, no? The weather was fantastic. It was cooler here than in New York this weekend.

Plus, the Heat won. Jermaine O'Neal is showing why we traded for him.


The Dolphins had a nice draft. We addressed our needs and got some big upside with our first couple of picks.

Too bad the Marlins are in a funk after starting the year 11-1... Getting swept back-to-back is ugly.

So what's on tap this week? We may get a verdict in the Liberty City 6 case. Any other trials starting up? Give me a shout and let me know what's going on...

Interesting news in DC -- the prosecutors in the Ted Stevens case have hired lawyers, to be paid for by DOJ. Here's the BLT story on it. Those lawyers can get $200/hour, not to exceed 120 hours a month. Chump change for most of the biglaw former AUSAs being hired...

That's your Sunday night ramble.

Only in South Florida...

1. Law firm handling "Chinese dry wall" cases has that same problem in their office. (Palm Beach Post)

2. "Lauderdale Lakes woman stole ID to pay for tummy tuck, feds say." (Sun-Sentinel)

3. Mutual Benefits sealed documents to remain under seal. (Sun-Sentinel)