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
Friday, June 10, 2011
Rick Bascuas to guest blog
Readers of the blog always love when Professor Bascuas is posting. You'll have him all of next week. Enjoy!
Thursday, June 09, 2011
WARNING!
Sisters of the Bar, beware:
The central stairs of the new Franklin County Common Pleas Courthouse seem almost to float up from the ground floor, suspended in a foyer of light and glass.
However, the aesthetic appeal of the stairway has an unfortunate side-effect in a building where judges sentence sex offenders: People can see up a woman's skirt from the busy walkway under the stairs.
"If you wear dresses, you're on notice that you might want to take the elevator, as I will be doing," said Judge Julie M. Lynch, who wears dresses exclusively to work.
Although it's probably best not to advertise the issue for fear of abuse, people partial to skirts, dresses and kilts have a right to know about the risk, Lynch said.
The central stairs of the new Franklin County Common Pleas Courthouse seem almost to float up from the ground floor, suspended in a foyer of light and glass.
However, the aesthetic appeal of the stairway has an unfortunate side-effect in a building where judges sentence sex offenders: People can see up a woman's skirt from the busy walkway under the stairs.
"If you wear dresses, you're on notice that you might want to take the elevator, as I will be doing," said Judge Julie M. Lynch, who wears dresses exclusively to work.
Although it's probably best not to advertise the issue for fear of abuse, people partial to skirts, dresses and kilts have a right to know about the risk, Lynch said.
Justice Scalia calls other justices insane
I just love it. From his dissent today in Sykes v. United States:
JUSTICE SCALIA, dissenting.
As the Court's opinion acknowledges, this case is “an-other in a series,” ante, at 1. More specifically, it is an at-tempt to clarify, for the fourth time since 2007, whatdistinguishes “violent felonies” under the residual clause of the Armed Career Criminal Act (ACCA), 18 U. S. C.§924(e)(2)(B)(ii), from other crimes. See James v. United States, 550 U. S. 192 (2007); Begay v. United States, 553
U. S. 137 (2008); Chambers v. United States, 555 U. S. 122 (2009). We try to include an ACCA residual-clause case inabout every second or third volume of the United States Reports.
As was perhaps predictable, instead of producing a clar-ification of the Delphic residual clause, today’s opinion produces a fourth ad hoc judgment that will sow further confusion. Insanity, it has been said, is doing the samething over and over again, but expecting different results. Four times is enough. We should admit that ACCA’s residual provision is a drafting failure and declare it void for vagueness. See Kolender v. Lawson, 461 U. S. 352, 357 (1983).
***
We face a Congress that puts forth an ever-increasing volume of laws in general, and of criminal laws in particular. It should be no surprise that as the volume increases, so do the number of imprecise laws. And no surprise that our indulgence of imprecisions that violate the Constitution encourages imprecisions that violate the Constitution. Fuzzy, leave-the-details-to-be-sorted-out-by-the-courts legislation is attractive to the Congressman who wants credit for addressing a national problem but does not have the time (or perhaps the votes) to grapple with the nittygritty. In the field of criminal law, at least, it is time to call a halt. I do not think it would be a radical step — indeed, I think it would be highly responsible — to limit ACCA to the named violent crimes. Congress can quickly add what it wishes. Because the majority prefers to let vagueness reign, I respectfully dissent.
JUSTICE SCALIA, dissenting.
As the Court's opinion acknowledges, this case is “an-other in a series,” ante, at 1. More specifically, it is an at-tempt to clarify, for the fourth time since 2007, whatdistinguishes “violent felonies” under the residual clause of the Armed Career Criminal Act (ACCA), 18 U. S. C.§924(e)(2)(B)(ii), from other crimes. See James v. United States, 550 U. S. 192 (2007); Begay v. United States, 553
U. S. 137 (2008); Chambers v. United States, 555 U. S. 122 (2009). We try to include an ACCA residual-clause case inabout every second or third volume of the United States Reports.
As was perhaps predictable, instead of producing a clar-ification of the Delphic residual clause, today’s opinion produces a fourth ad hoc judgment that will sow further confusion. Insanity, it has been said, is doing the samething over and over again, but expecting different results. Four times is enough. We should admit that ACCA’s residual provision is a drafting failure and declare it void for vagueness. See Kolender v. Lawson, 461 U. S. 352, 357 (1983).
***
We face a Congress that puts forth an ever-increasing volume of laws in general, and of criminal laws in particular. It should be no surprise that as the volume increases, so do the number of imprecise laws. And no surprise that our indulgence of imprecisions that violate the Constitution encourages imprecisions that violate the Constitution. Fuzzy, leave-the-details-to-be-sorted-out-by-the-courts legislation is attractive to the Congressman who wants credit for addressing a national problem but does not have the time (or perhaps the votes) to grapple with the nittygritty. In the field of criminal law, at least, it is time to call a halt. I do not think it would be a radical step — indeed, I think it would be highly responsible — to limit ACCA to the named violent crimes. Congress can quickly add what it wishes. Because the majority prefers to let vagueness reign, I respectfully dissent.
Wednesday, June 08, 2011
One year anniversary of Scott Rothstein's plea
Yup, it's been a whole year since he pled guilty.
Rule 35 requires prosecutors to file a motion to reduce a defendant's sentence based on cooperation withing one year. Well, they just got it in, filing the motion to reduce the 50 year sentence yesterday. The government didn't ask for a specific amount of time off of the sentence. So we will have to wait to see what kind of reduction Rothstein gets.
Any predictions?
Rule 35 requires prosecutors to file a motion to reduce a defendant's sentence based on cooperation withing one year. Well, they just got it in, filing the motion to reduce the 50 year sentence yesterday. The government didn't ask for a specific amount of time off of the sentence. So we will have to wait to see what kind of reduction Rothstein gets.
Any predictions?
Quick news and notes for out of town cases
1. Barzee and Pettus are still waiting for a verdict.
2. Another out of town trial -- Matt Menchel is fighting the feds in DC. He is crossing the case agent. From Law360:
Attorneys for four military equipment company executives accused of trying to bribe Gabon government ministers to win contracts sought to undercut the government’s chief informant in the case in Washington federal court Tuesday, alluding to his past appetites for drugs and prostitutes.
Federal Bureau of Investigations agent Christopher Forvour, the lead case agent for the FBI’s sting operation, admitted to Matthew Menchel, attorney for defendant Pankesh Patel, that the FBI knew about informant Richard Bistrong’s previous habits of using cocaine and frequenting prostitutes, which predated his time as an informant.
3. Miamian Nevin Shapiro got 20 years in New Jersey for a billion dollar Ponzi scheme.
4. Health care is being argued in Atlanta today.
2. Another out of town trial -- Matt Menchel is fighting the feds in DC. He is crossing the case agent. From Law360:
Attorneys for four military equipment company executives accused of trying to bribe Gabon government ministers to win contracts sought to undercut the government’s chief informant in the case in Washington federal court Tuesday, alluding to his past appetites for drugs and prostitutes.
Federal Bureau of Investigations agent Christopher Forvour, the lead case agent for the FBI’s sting operation, admitted to Matthew Menchel, attorney for defendant Pankesh Patel, that the FBI knew about informant Richard Bistrong’s previous habits of using cocaine and frequenting prostitutes, which predated his time as an informant.
3. Miamian Nevin Shapiro got 20 years in New Jersey for a billion dollar Ponzi scheme.
4. Health care is being argued in Atlanta today.
Tuesday, June 07, 2011
"It just works."
Apple announced its upcoming iCloud service yesterday. This is great news for those of you who live on or frequent Miami Beach. Soon, when the police smash your phone to avoid public scrutiny and accountability, you won't have to preserve the evidence by sticking the SIM card in your mouth. Your iPhone will automatically upload the gunplay and mayhem and send it to your iPad and MacBook. We live in wondrous times.
Monday, June 06, 2011
Cert denied for Wesley Snipes
Via AP:
The high court refused Monday to hear an appeal from Snipes, convicted in 2008 on three misdemeanor counts of willful failure to file income tax returns.
Snipes started a three-year term in a federal minimum security prison in December. He has appeared in dozens of films, from "White Men Can't Jump" and "Demolition Man" in the early 1990s to the blockbuster Blade trilogy.
Snipes wanted his trial held in New York City, where he says he lived, but the government brought charges against him in Florida, where Snipes held a driver's license. The lower courts refused to let him have an evidentiary hearing on this issue.
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