Sunday, November 06, 2005

The next U.S. Attorney for the district will be...

...one of the six individuals detailed in this Herald article by Jay Weaver. Those are: Alex Acosta, Ken Blanco, Tom Mulvihill, Susan Tarbe, Ed Nucci, and Cynthia Hawkins. Most say that it's hard to imagine that it won't be Acosta, especially after he was named on an interim basis. But initially there was a lot of talk that the job was Tarbe's. I haven't heard anything lately. Anyone else? I wrote on this topic a while ago here.

Return to Normal...

I'm back from Orlando (there is nothing like seeing Disney World through your kid's eyes...) and I see that Chief Judge Zloch has announced that everything is back to normal starting tomorrow. I wonder how jurors selected to sit for long trials are going to feel about it now that they can just get back to work themselves... It should be interesting. Here is the release:

Return to Normal Operations on Monday, November 7, 2005
Chief United States District Judge William J. Zloch announced that the United States District Court for the Southern District of Florida will resume normal hours and operations on Monday, November 7, 2005. Clerk’s Office hours are from 9:00 a.m. to 4:30 p.m. Jurors should call in for reporting instructions at (800) 865-1775. This announcement applies to district court facilities in Miami, Fort Lauderdale, West Palm Beach, Key West and Fort Pierce.

UPDATE: Judge Zloch also issued an Order on behalf of the entire Southern District of Florida, tolling the speedy trial clock from October 24 through November 4, 2005 due to Wilma. Hat tip, Brian Tannebaum. I feel bad for the clerk's office because J. Zloch directs the clerk to file the Order in every criminal case and to give notice to all parties. What a headache...

Thursday, November 03, 2005

Smuggling Blues

Gil Rodriguez and Taboada Cabrera pleaded guilty yesterday in a case involving smuggling Cubans to the United States. During the trip a 6 year old boy tragically died. Coverage here and here.

I will be out of town this weekend (I'm speaking at a sentencing seminar in Orlando tomorrow and then going to spend the rest of the weekend in Disney with my family) so blogging will be very light if at all...

Wednesday, November 02, 2005

Cuban five

The Miami Herald has this article about the decision to grant en banc review of the Cuban Spy decision. Good article but it has a completely misleading headline -- "Verdict to stand for five Cuban spies." From that headline one would think that the jury verdict was affirmed and that there were no further proceedings. Nothing could be further from the truth. The entire 11th Circuit has decided to hear the case. The Sun-Sentinel article's headline is more accurate: "Appeals court voids Cuban spy decision, will rehear case."

Tuesday, November 01, 2005

Breaking news -- Cuban Spy en banc

I have it on good authority that the Eleventh Circuit has granted en banc review in United States v. Campa, the cuban spy opinion.

UPDATE: Confirmed. Here is the text of the order:

Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges*.
B Y T H E C O U R T :
A member of this Court in active service having requested a poll on the suggestion of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above causes shall be reheard by this court en banc. The
previous panel's opinion is hereby VACATED.
__________________________
*Senior U. S. Circuit Judge Phyllis A. Kravitch may elect to participate in further proceedings in these matters pursuant to 28 U.S.C. § 46(c).