U.S. Probation - Powerful or Powerless

The authority of the United States Probation Office was addressed last week by the Eleventh Circuit Court of Appeals. In U.S. v. Nash, No. 05-11440 (Feb. 13, 2006), the Court agreed with the defendant that the district court erred in delegating to a probation officer the judicial task of determining whether he should participate in a mental health program, but otherwise affirmed the sentence. The Eleventh Circuit concluded that the district court, not U.S Probation, must decide whether a defendant should participate in mental health counseling.

On the other hand, the Court made clear that U.S. Probation still has the discretion to discuss a defendant’s prior criminal record, or personal history or characteristic with third parties. The Court also upheld the condition of supervised release which delegated to a local U.S. Probation Officer the task of requiring the defendant to secure prior approval from his probation officer before opening any checking, credit, or debit account (Nash was convicted of fraud).

Does United States Probation have too much authority or too little? What about travel restrictions placed on defendants while on Supervised Release? Fair on unjust? Throw your jabs and lets hear some comments.

More Departures From U.S. Attorney's Office

Kenneth Blanco, Deputy Chief of the U.S. Attorney's Office is off to D.C. He has been named Chief of the Narcotics and Dangerous Drugs Section at the Department of Justice. Ken has been at the U.S. Attorney’s Office in Miami since 1998 and had recently applied for the position of the U.S. Attorney for the Southern District of Florida.

AUSA David Buckner is also moving on. After 8 years with the U.S. Attorney’s Office in Miami he is entering private practice. David’s last case was a memorable one as he argued the en banc appeal in the case of the five Cuban spies.

It goes without saying that Miami is losing two very good federal prosecutors with lots of experience. Yet strangely, it appears that they have been hiring mostly younger prosecutors as of late with a lot less trial experience. Thoughts?

More on this topics in an article by Julie Kay in Tuesday’s Daily Business Review.

News and notes

Well, we picked a jury in Savannah today. We started at 9AM and were done by 2PM. When the case is over, I will have more commentary on federal jury selection. I have posted previously on eliminating the peremptory challenge.

Busy day at the Supremes. There was a Blakely cert grant. Abortion debate is back in DC. But I know most of you were following the hallucinogenic tea case. Today, the High Court -- per Roberts -- allowed the small church to continue drinking it (to the disgust of the DEA) so that they could connect with God. Right about now, I could use some of that tea. (The Court took no action in the Padilla case, so right now it's full steam ahead for the trial to proceed in September in front of Judge Cooke).

Excuse the slow blogging while I'm in trial... I'm hoping Seitles and Anon will pick up the pace...

Padilla to remain detained

So ordered Judge Marcia Cooke. Padilla had appealed his detention (ordered by Judge Garber) to the district court. At a hearing this morning, that appeal was denied. Initial coverage here, here and here.

Issues involving Cuba

1. The en banc argument in the Cuban Spy case was today. Here's some coverage. AUSA David Buckner argued for the government and AFPD Richard Klugh argued for the defense. Two Harvard grads going at it...

2. AUSA Dexter Lee is asking Judge Moreno to dismiss the case filed by the 15 Cubans who landed on the wrong bridge (which was not considered U.S. soil by the U.S.). See here.