The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Thursday, July 13, 2006
Wednesday, July 12, 2006
Justice Kennedy Speaks Out Against Lengthy Sentences
Once again Justice Kennedy has spoken - federal sentences are too harsh. Period. His latest comments came from a speech at the Ninth Circuit Conference this week.
"If an 18-year-old is growing marijuana for a friend, that's distribution," the Sacramento native told judges, lawyers and court officials at the conference, held at the Hyatt Regency. "If he has his father's .22 rifle, that's a firearm. That will get 15 years. "Did you know what 15 years was when you were 18? I didn't when I was 18."
Justice Kennedy also spoke out against the lobbying efforts of correctional officers' unions adding: "The fact that the prison guards' association lobbies for higher penalties is sick," Justice Kennedy said.
I guess the question is what can be done? It appears, at least thus far, that Justice Kennedy's bark is louder than his bite? He has yet to author an opinion with the same rhetoric of his recent speeches. Whatever one's beliefs are regarding the length of federal sentences, it appears that this debate is far from over.
"If an 18-year-old is growing marijuana for a friend, that's distribution," the Sacramento native told judges, lawyers and court officials at the conference, held at the Hyatt Regency. "If he has his father's .22 rifle, that's a firearm. That will get 15 years. "Did you know what 15 years was when you were 18? I didn't when I was 18."
Justice Kennedy also spoke out against the lobbying efforts of correctional officers' unions adding: "The fact that the prison guards' association lobbies for higher penalties is sick," Justice Kennedy said.
I guess the question is what can be done? It appears, at least thus far, that Justice Kennedy's bark is louder than his bite? He has yet to author an opinion with the same rhetoric of his recent speeches. Whatever one's beliefs are regarding the length of federal sentences, it appears that this debate is far from over.
Tuesday, July 11, 2006
Cocaine Cowboy movie
Readers of this blog might be interested in Alfred Spellman's and Billy Corben's new documentary, Cocaine Cowboys. Check out the profile in the July issue of Ocean Drive and their
blog.
blog.
Monday, July 10, 2006
News and notes
Lots of good stuff in the Review today:
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
News and notes
Lots of good stuff in the Review today:
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
1. Padilla news (subscription required) from Julie Kay: "Defense attorneys involved in the scheduled trial of Jose Padilla and four co-defendants accused of plotting and supporting terrorism are sparing no expense in preparing their defense, including traveling to the Middle East to interview potential witnesses. William Swor, the Detroit lawyer for Kifah Jayyousi, is currently in the Middle East, and Kenneth Swartz, the Miami lawyer who represents Adham Hassoun, is planning on traveling to Jordan and Egypt later this month, according to sources involved in the case. Swartz declined to comment, and Swor was unavailable. It’s unclear whether lawyers for key defendant Padilla also will be traveling to the Middle East. Calls to Andrew Patel of New York and Michael Caruso of the federal public defender’s office in Miami were not returned by deadline. Also last week, Padilla’s lawyers asked the government to initiate a request for “evidence and assistance” from Egypt. No further information about what information Padilla’s lawyers are trying to obtain was available in the court file. Padilla’s attorneys asked for the request to be sealed, so the prosecution team would not find out about it. U.S. District Judge Marcia Cooke denied the request."
2. Former U.S. Attorney news (subscription required) by Carl Jones: Marcos Jiminez is stirring the pot -- "Former U.S. Attorney Marcos Jimenez has filed an unusual petition on behalf of the Miami-Dade Judicial Nominating Commission asking the Florida Supreme Court to override the Legislature and allow the governor to appoint 55 new judges. When the Legislature created the new positions in May it specifically required the judges be elected. Jimenez and the 11th Judicial Circuit JNC — whose nine members were all appointed by Gov. Jeb Bush — asks that the judgeships be filled by appointment by the end of this year. That would mean that Gov. Bush would get to appoint the new judges before he leaves office in early 2007. The surprise move seeks to reverse a delicate compromise reached last year between Republicans and Democrats. Last year, the Republican-controlled Legislature created 55 new judgeships to be filled through appointment by the Republican governor. The deal with the Democrats was that the judgeships created in 2006 would be filled through election. The seats created this year included 35 circuit court judgeships and 20 county court judgeships."
Interesting issue here. Any thoughts?
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