District news

1. The Robles plea was accepted. Lots of news stories everywhere about it. There is a 15 year cap, instead of the 10 year cap previously agreed to by the parties. It will be interesting to see whether the government argues that a 10 year sentence is reasonable, notwithstanding the guidelines which I suspect will be a lot higher.

2. The Liberty City 7 case is underway. Again, lots of news stories about the jury selection and the start of the trial. Props to Judge Lenard for conducting a thorough voir dire. It looks like it will take a couple weeks to pick the jury in this case. That is appropriate considering the type of case it is and the press that has come with the case.

3. Last night Milton Hirsch had a constitution day party at his office. Here's the Joan Fleischman column about it. The office was packed with lawyers and judges. Federal judge sighting -- Judge Ungaro read the 15th Amendment, which states:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

I read the Fourth Amendment. Does anyone remember that one?

UPDATED -- Here's a picture of Judge Ungaro, Judge Alex, his daughter, and psychologist Merry Haber:

One down, one to go...

Even though it looks like the District is about to lose the high-profile Louis Robles trial, we still have one other huge one starting this week -- "the Miami 7" trial. Here's Vanessa Blum's article outlining the start of the case. And here's Jay Weaver's, and the AP.

This is the trial involving seven guys from Liberty City who spoke to undercover officers about blowing up the Sears Tower in Chicago and other buildings in Miami. The government has described that group as "more aspirational than operational." Will their words and actions in this case be enough for conviction? How will the Jose Padilla trial sit in jurors' minds? Stay tuned -- same bat time, same bat channel.

Robles to take more time

Further to our post below, Robles will be taking 15 years and 3 counts. Wow. That is an awful lot of time for a first time non-violent offender.

If the government believes 10 years is just, how can it agree to this deal?

Sorry for the short and sloppy post. On the road today.

--David Oscar Markus
www.markuslaw.com
305-379-6667

Louis Robles to plead?

That's what Julie Kay is reporting. Apparently, a hearing is set for 9am tomorrow. I wonder if he is pleading to the original deal or taking more time. More to follow.

--David Oscar Markus
www.markuslaw.com
305-379-6667

Another high profile trial to start this week

This time it's USA v. Louis Robles. Here's Julie Kay's preview of the trial.

I'm sure both sides (defense -- Hector Flores; government -- Mike Davis and Luis Perez) were working hard this weekend, even though they had settled the case months ago. The problem is that the judge wouldn't accept the 10 year deal agreed on by the parties because he believed that the deal was too sweet for Robles, who turns 60 next year.

We've discussed this issue a number of times and we asked whether the government would simply dismiss the indictment and permit Robles to plead guilty to a 10 year count (or two five year counts). Well, it appears that the answer is no. So if Robles loses this trial, he will certainly appeal on this issue, and it looks like a good one.

So SDFLA readers, is this trial worth it? The government doesn't want it. The victims don't want it. The defense doesn't want it. The receiver doesn't want it. The trial will last about a month, costing the system six figures.

By the way, can you imagine if Robles walks?