A Bridge to Freedom?

Judge Moreno issued a landmark decision finding that 15 repatriated Cubans were removed to Cuba illegally insofar as the Coast Guard's decision to remove the refugees "was not a reasonable interpretation of present executive policy." This case highlights the debate about the "wet-foot, dry-foot policy" that allows Cubans to remain in the United States if they reach land. Cuban refugees had reached the old, unused Seven Mile Bridge but the Coast Guard determined that the bridge had been abandoned and that the Cuban refugees had not reached dry land in the United States. Judge Moreno disagreed.

The question of the day is whether Fidel Castro will allow these Cubans to return to the United States...

Read more from today's Miami Herald

It's official...

... the FDC-Miami officials have lost their marbles.

Check out the DBR article today (another Julie Kay special) about the new dress code at the prison -- FOR LAWYERS. Here's the intro:

Going to visit a client in the Federal Detention Center in Miami? Better make sure you’re wearing a conservative suit, and whatever you do, don’t wear gray slacks and a blue blazer. In recent weeks, the FDC has begun cracking down on villainous lawyers who wear nonmatching pants and blazers, gray pants and blue blazers and even khaki pants. And women who wear skirts above the knee or with slits are reportedly being turned away, too. Miami lawyer Bruce Alter said in a phone message he was turned away from the FDC last week for wearing khaki pants, as was Darryl Wilcox, an assistant federal public defender, who was wearing gray pants, a white shirt, red tie and blue blazer. “I was wearing the standard out-of-court outfit,” Wilcox said. “They told me it was too similar to what the Bureau of Prisons guards wear.” While Wilcox was not allowed to enter the jail, the public defender-hired translator was waiting inside with Wilcox’s client, who speaks only Spanish. Wilcox ended up returning to his Fort Lauderdale office without being able to see his client. “I was annoyed,” Wilcox said. “But I guess security is security.”

Sleepless in Savannah

So I'm still here in Savannah trying this case. One week down, who knows how many to go. In the first four days of trial, we've picked a jury, done 11 opening statements, and have examined 28 witnesses. No joke...

I miss the Southern District of Florida.

In actual SDFLA news, check out this Sun-Sentinel article about FDC getting slammed again, this time by Judge Cooke. Frankly, the BOP deserves it.

During this period of slow blogging, I'm counting on you all (I guess I should say y'all) to keep the blog buzzing in the comment section about all the goings-on in the district.

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.