Huge sentencing day...

Criminal law practitioners have quite a bit of reading today as the Supreme Court decided two mammoth cases -- Gall v. United States and Kimbrough v. United States. In a nutshell, the cases are huge victories for district judges, criminal defense lawyers and their clients. The decisions reaffirm that district judges have wide discretion in sentencing defendants and that the guidelines are really just advisory. Judges are free to disagree with them (as the judge did in Kimbrough with the 100-1 crack disparity) and appellate courts are to defer to the district courts unless they abuse their discretion in sentencing. It will be interesting to see how district judges use their discretion now that the Supreme Court has said it really really means it.

In other sentencing news, Michael Vick got 23 months. Almost two years for a first-time offender with no prior history... Thoughts?

For all your sentencing news, the best place to go is www.sentencing.typepad.com and for the Supreme Court news, go to www.scotusblog.com

Ask Chief Judge Moreno anything you want!

Wednesday, December 12, 2007, at the Banker's Club at noon.

Chief Judge Moreno will take your questions at the Federal Bar Luncheon.

There are a few spots left if you would like to attend. RSVP to

Lourdes B. Fernandez

Law Clerk to Hon. Robert L. Dubé

(305) 523-5771

Lourdes_Fernandez@flsd.uscourts.gov

The cold realities of prison

Dan Christensen has this story about how Ken Jenne is adjusting to prison. Mostly, he's bored and cold:

All Ken Jenne wants for Christmas is a warm sweat shirt.
''He really wants a sweat shirt because it's cold in prison,'' said his son, State Rep. Evan Jenne.

***

Jenne, whose prisoner number is 77434-004, observed his 61st birthday in prison in Miami last Saturday. His wife and son saw him Monday.
''We weren't allowed to bring him anything for his birthday,'' Evan Jenne said.
Jenne said his father was ``in good spirits.''
''The guards are treating him well and with respect,'' he said. ``My father doesn't feel in mortal danger. Every time he moves, there is a legion of guards around him.''
Jenne, who once hoped to be governor, now spends his days fighting boredom, his son said.
The former sheriff fills his days by reading a lot. ''Right now, he's reading a biography of Alexander Hamilton. It's a paperback. No hard covers are allowed,'' his son said.

Hung jury in Liberty City 7 case?

Thanks to the many tipsters who have emailed me about the Liberty City 7 case. Apparently, the jury sent a note today (the 4th day of deliberations) that they are unable to reach verdicts on any of the seven defendants. Judge Lenard told them to keep trying (with the agreement of the parties). Sorry I was slow in getting this up today -- I was in the northern part of the District, Ft. Pierce. I'm not sure who thinks that Ft. Pierce should be part of the Southern District of Florida! I was almost in Disney World.

Anyway, back to LC7. The AP's Curt Anderson reports:

Jurors signaled Thursday they are struggling to reach verdicts in the case against seven men accused of plotting with al-Qaida to blow up Chicago's Sears Tower and bomb FBI offices.

Jurors sent a note in their fourth day of deliberations that they have not reached agreement on the guilt or innocence of any of the seven defendants on any of the four terror-related conspiracy charges.

"There has been significant discussion regarding the evidence and the law," said Gregory Prebish, attorney for defendant Burson Augustin. "It's clear that the jury is unable to reach a unanimous verdict for any one of the defendants on any of the counts."

Louis Robles gets 15 years

This was the obvious result after the judge rejected the agreement of the parties to a 10 year deal. I still don't believe a judge should reject a plea agreement worked out in our adversary system (previously discussed here and here). I wonder if the prosecutors still argued for 10 years at the sentencing hearing as they believed this was the appropriate sentence... I think the feds (or Judge Gold) should release Robles from the appellate waiver so that he can argue to the 11th Circuit that the judge's rejection of the deal was inappropriate. Wouldn't it be nice to get some clarity about this from the appellate court?

SDFLA Blog question of the day -- Why won't the government abandon its appellate waiver so that Robles can litigate (with the government's support) whether district judges should be permitted to reject plea agreements.

Jose Padilla sentencing postponed

Due to a death in Judge Cooke's family, the Jose Padilla sentencing has been postponed until January. Our condolences to Judge Cooke and her family during this time.

Padilla co-defendant attempts suicide at FDC

Jay Weaver is reporting here that Jose Padilla co-defendant Adham Amin Hassoun attempted suicide last week at the Federal Detention Center. Sentencing on Padilla, Hassoun, and Jayoussi was supposed to begin tomorrow, but we're told that it has been pushed off until January.

In other news, the Liberty City 7 jury has the case (via Vanessa Blum). Over/under on verdict? As with the Padilla verdict, I say verdicts by the end of the week. (Rumpole never did send me my check...)

Informant killed

Jay Weaver details the murder case involving an informant here. The strange thing is the person that the informant was cooperating against was set to plead two days after the informant was killed. Here's the intro to the interesting article:

Wearing all black with a hood over his head, the hit man ran up the driveway of a central Miami-Dade home, pulled out a 9mm pistol and popped the FBI informant.
Seconds later, the shooter jumped into a getaway car. He had just shot his target in the back of the head outside the target's father-in-law's house. In the fleeing car, the shooter told the driver that the victim had ''looked scared'' just before he shot him at close range.
And so began the murder-for-hire investigation into the hit on Mahmoud Elchami on the afternoon of Nov. 19, 2006, according to FBI records filed in federal court. Agents say Elchami was murdered because he was going to testify as a key witness in a drug trial.
Agents allege the man who pulled the trigger is Joshua John Laing, who will be arraigned on Monday in the killing of Elchami, who died one day after the shooting. After his arrest, Laing, 22, confessed he committed the shooting in exchange for thousands of dollars, according to an FBI affidavit.