Wednesday, November 16, 2011

Power outage

Yesterday afternoon the power went out at the courthouse. This was after the feds were called over to FDC to investigate suspicious white powder. Just a regular work day in Miami...

I wish there was some exciting news to tell, but it seems pretty quiet as everyone is getting ready for the holidays. Here are a couple notes:

1. Justice Scalia spoke at St. Thomas University yesterday. I can't find any news reports about his remarks.

2. The Justice Scalia of the 11th Circuit, Judge Carnes, writes this interesting sentencing opinion. Here's the intro:

A defendant convicted of distribution of child pornography is subject to a 5-
level enhancement under § 2G2.2(b)(3)(C) of the sentencing guidelines if the
distribution was to a minor. The defendant in this case distributed child
pornography to an unidentified person, not connected with law enforcement, who
convinced him that she (or he) was a minor. The district court applied the
distribution to a minor enhancement after concluding that the actual age of the
recipient, which has never been determined in this case, does not matter so long as
the defendant thought that the recipient was a minor. In doing so, the court
extended the reasoning of some of our decisions involving fictitious minors
created by law enforcement. Regardless of what we said in those other cases
involving different facts and different guidelines provisions, we reach a different
conclusion because the definition of “minor” in the application note to § 2G2.2
convinces us that here it is more than just the thought that counts.

3. If you win attorney's fees, try to get more than $1.50.

4. Lanny Breuer is complaining about sentencing after Booker, saying there needs to be more consistency. Why don't we just give em all 50 years in jail. That would be consistent.


Anonymous said...

It is absolutely hilarious that Breuer is accusing judges of being racist and sexist.

Why doesn't he believe that prosecutors, through their charging decisions, are responsible for these disparities?

South Florida Lawyers said...

Heard Scalia made some unfortunate remarks about The Gays. But if you invite him to speak you have to know what you are getting.

Anonymous said...

"Unfortunate remarks about The Gays." Is that anything like how Donald Trump has a good relationship with "The Blacks."