Monday news and notes

1. The government has asked Judge Cohn to sentence Scott Rothstein to 40 years, a (meaningless?) variance from the statutory maximum of 100 years. (pg. 2: "The Government concedes that a variance in this case is supported by several salient factors. While the Defendant’s criminal activity in this case can only be described as reprehensible, it is beyond dispute that his post-offense conduct has been extraordinary.")

I say meaningless because 40 years is basically a life sentence for 48-year old Rothstein. It may turn out to be important what Judge Cohn does though because a motion to reduce Rothstein's sentence will be coming, so the starting point will be important. If Rothstein gets 30 years this week, and then gets a third off, he will likely have something to look forward to...
Govt Response to Rothstein

2. Nice story on Willy Ferrer today by John Pacenti.

3. The Supremes decided Krupski today. Our prior coverage here. This is the relation-back case that Robert Glazier argued. Unfortunately for Mr. Glazier, he was on the wrong side of this one.

Scott Rothstein asks Judge Cohn for 30 years...

...and I'm a bit surprised. I thought he'd ask for less. The PSI calls for life (a level 52), but the statutory maximum is 100 years. Rothstein will be 48 the day after his sentencing this week.

Here's his sentencing memo (by Mark Nurik):

Rothstein Sentencing Memo Rothstein himself wrote a 12-page letter to Judge Cohn, asking for leniency, "[b]ut I do not feel sorry for myself nor do I want anyone's sympathy. I deserve and expect the punishment I will receive. What I am deeply and sincerely sorry for is the horrific pain and harm I have inflicted on so many people."

There were also some letters filed on his behalf, one by his parents, but missing was one from his wife Kim Rothstein.

So here you go readers:

What will Judge Cohn sentence Scott Rothstein to this week?
	30 years
	35-40 years
	40-50 years
	100 years, the stat max
pollcode.com free polls

Summer time

Professor Rick is finished grading his exams, and is back to blogging. His latest -- on the most recent Supreme Court Miranda case -- is hilarious. Go check it out.

11th Circuit issues 112 opinion reversing one of its own

The case is United States v. Farley, and I confess that I haven't read the whole thing yet. What struck me is that the court reverses Judge Beverly Martin, the newest member of the 11th Circuit, in an opinion she wrote as a district judge. She held at the district level that a 30-year min/man sentence was unconstitutional as cruel and unusual. The 11th Circuit, per Judge Carnes, reversed. This case might have legs to the Supremes...

Quick news and notes

1. Former Broward School Board member Beverly Gallagher gets 37 months in prison. That was the agreed-to sentence. Here's the Sun-Sentinel article.

2. A bodyguard in the Scott Rothstein case pleads guilty. Here's the Herald article:

A Broward County bodyguard pleaded guilty to conspiring to shred financial records at the behest of Scott Rothstein as the Fort Lauderdale lawyer's $1.2 billion Ponzi scheme was collapsing last fall.
Enrique Ros, who came to know Rothstein through security work at the former Versace mansion in South Beach, is scheduled to be sentenced on Aug. 27 on an obstruction of justice charge in Fort Lauderdale federal court.
Ros, 33, of Pembroke Pines, was indicted in March along with business partner Daniel Dromerhauser and reputed Italian Mafia figure Roberto Settineri following an FBI sting operation starring Rothstein. The now-convicted lawyer, facing the heat of a federal investigation into his investment racket, played the lead role as the FBI targeted Settineri and the two businessmen in November.