I had the pleasure today to testify before the U.S. Sentencing Commission regarding the 25 year anniversary of the Sentencing Reform Act. Here's the agenda of speakers at the regional hearing, and here's an article from the local paper previewing the hearings.
It was pretty interesting. I provided both written testimony (which I will post when I'm back in Miami tonight) and oral testimony, after which I (and the other panelists) answered their questions.
I am in the Atlanta airport now trying to get home, but I will post more about the day later.
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
Tuesday, February 10, 2009
La Bamba and owner guilty
Here's the Herald article. Judge Lenard must be breathing a small sigh of relief that she at least got a verdict on the two lead defendants in the case. The jury was out over two weeks and she was in the middle of starting trial #3 in Liberty City 7. But there weren't verdicts across the board -- the jury hung on two of the defendants, after lengthy and heated deliberations. Apparently the jury foreman resigned as foreman during the deliberations... What's in the water in that jury room? Will the government retry the two hung defendants?
Miami Herald : South Florida prosecutor up for dean of FIU's law school
Dean Alex? Check out this link. Sorry for the sloppy post but I am sending this from my Blackberry as I am testifying today before the US Sentencing Commission. More on that later.
Monday, February 09, 2009
The usual suspects
Jay Weaver has an article this morning about Alex Acosta being asked to stay until the Spring, and about his possible replacement. The usual suspects are listed: David Buckner, Curt Miner, Jackie Becerra, Mark Schnapp, Willie Ferrer, and Daryl Trawick.
Friday, February 06, 2009
11th Circuit approves book banning -- case not over yet
By Julie Kay
So the 11th Circuit Court of Appeals has ruled in the controversial, three-year-old case of book banning brought by the ACLU against the Miami-Dade School Board. The court, in a 2-1 opinion, reversed U.S. Circuit Court Judge Alan Gold and ruled that the School Board was within its rights to yank the childrens' book Vamos a Cuba due to "factual inaccuracies."
The School Board had argued that the book -- part of a 24-volume series on life in different countries -- portrayed life under dictator Fidel Castro as essentially overly positive. The ACLU brought the case on constitutional/book banning grounds, and the school district has spent a quarter-of-million dollars defending it.
While school board members applauded the ruling, the ACLU promised a certain appeal. Lawyers there are currently deciding whether to request an enbanc hearing before the 11th or go straight to the U.S. Supreme Court, according to ACLU spokesman Brendan Hensler.
"This is the first case where a book was banned for what it doesn't say," Hensler said. "People recognize that book banning is not the solution -- that we shouldn't take books away but add more."
The books, which were replaced on the shelves of school libraries after Gold's ruling, will stay on the shelves until the litigation plays out, he said.
Interesting fact: it's unclear if any of the controversial books are even on the shelves any more. Most were checked out or stolen by souvenir collectors or angry residents.
Are you surprised by the 11th Circuit's ruling authored by Judge Ed Carnes? Will the U.S. Supreme Court take a book banning case?
So the 11th Circuit Court of Appeals has ruled in the controversial, three-year-old case of book banning brought by the ACLU against the Miami-Dade School Board. The court, in a 2-1 opinion, reversed U.S. Circuit Court Judge Alan Gold and ruled that the School Board was within its rights to yank the childrens' book Vamos a Cuba due to "factual inaccuracies."
The School Board had argued that the book -- part of a 24-volume series on life in different countries -- portrayed life under dictator Fidel Castro as essentially overly positive. The ACLU brought the case on constitutional/book banning grounds, and the school district has spent a quarter-of-million dollars defending it.
While school board members applauded the ruling, the ACLU promised a certain appeal. Lawyers there are currently deciding whether to request an enbanc hearing before the 11th or go straight to the U.S. Supreme Court, according to ACLU spokesman Brendan Hensler.
"This is the first case where a book was banned for what it doesn't say," Hensler said. "People recognize that book banning is not the solution -- that we shouldn't take books away but add more."
The books, which were replaced on the shelves of school libraries after Gold's ruling, will stay on the shelves until the litigation plays out, he said.
Interesting fact: it's unclear if any of the controversial books are even on the shelves any more. Most were checked out or stolen by souvenir collectors or angry residents.
Are you surprised by the 11th Circuit's ruling authored by Judge Ed Carnes? Will the U.S. Supreme Court take a book banning case?
Thursday, February 05, 2009
Federal Bar reception
Over 500 lawyers and judges filled the downtown Hyatt tonight for the annual South Florida Federal Bar Association Reception. I forgot to snap pictures... Sorry.
Random thoughts:
I wonder if the judges dread it or whether they enjoy it.
It's also interesting to watch people work the room.
Lots of DBR reporters mingling...
More younger lawyers seem to be coming out. Many of the old guard weren't there.
Very few prosecutors showed up.
A sprinkling of state judges made an appearance.
South Florida Lawyer was there. Rumpole was not.
Random thoughts:
I wonder if the judges dread it or whether they enjoy it.
It's also interesting to watch people work the room.
Lots of DBR reporters mingling...
More younger lawyers seem to be coming out. Many of the old guard weren't there.
Very few prosecutors showed up.
A sprinkling of state judges made an appearance.
South Florida Lawyer was there. Rumpole was not.
Breaking: Supreme Court Justice Ginsburg Undergoes Cancer Surgery
From NPR:
Supreme Court Justice Ginsburg Undergoes Cancer Surgery
Supreme Court Justice Ruth Bader Ginsburg has undergone surgery for pancreatic cancer, apparently at an early stage. The court said the 75-year-old Ginsburg had the surgery Thursday at the Memorial Sloan-Kettering Cancer Center in New York. She will remain in the hospital for seven to 10 days, said her surgeon. Dr. Murray Brennan. This was according to a release issued by the court.
Supreme Court Justice Ruth Bader Ginsburg has undergone surgery for pancreatic cancer, apparently at an early stage. The court said the 75-year-old Ginsburg had the surgery Thursday at the Memorial Sloan-Kettering Cancer Center in New York. She will remain in the hospital for seven to 10 days, said her surgeon. Dr. Murray Brennan. This was according to a release issued by the court.
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