MIA--->DCA

Just for the day. Be back soon my peeps.

Judge Carnes on the Armed Career Criminal Act

Like him or not; agree with him or not; Judge Carnes is a gifted writer. From United States v. Rainer:

• This is yet another felon-in-possession case involving yet another variation on the issue of whether a previous conviction qualifies as a “violent felony” for purposes of the enhanced penalties provided in the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1).
• Rainer’s non-frivolous contention is that the district court erred when it decided at sentencing that he qualified for an enhanced sentence under the ACCA, 18 U.S.C. § 924(e)(1), which applies to a defendant convicted under § 922(g) who has three previous convictions for violent felonies or serious drug offenses.
• The question is whether “building of Richie’s Shoe Store, Inc.”and “building of, to wit: Whiddon’s Gulf Service Station” in the indictments show that Rainer’s convictions were for burglary of a shoe store and service station, places that fall squarely within the scope of generic burglary.
• But a vehicle could not be used to carry on the business of a gasoline service station, which is mainly to dispense gasoline for sale. While a shoe store theoretically could be operated out of a vehicle, that possibility is too farfetched to undermine our conviction that Rainer’s two previous convictions were for burglary of a building in the generic burglary sense of the word.
• The ACCA is part of the real world, and courts should not refuse to apply it because of divorced-from-reality, law-school-professor-type hypotheticals that bear no resemblance to what actually goes on.

USAO adds to management team

I just received this announcement:

Eduardo I. Sanchez returned to the United States Attorney's Office on August 16, 2010, as Counselor to the U.S. Attorney in the Executive Division in Miami. Ms. Bowen, a veteran of the Office, will serve as the District Training Director. As Counselor to the U.S. Attorney, Mr. Sanchez will provide advice, analysis, and guidance on legal and policy issues, strategic planning, training, and other matters of district-wide significance.*** Assistant U.S. Attorney Dawn Bowen will serve as the District’s Training Director, effective September 1, 2010.

Ed and Dawn are both really good people; Willy is putting together a smart, respected team. Now we have to see if things are going to change...

Multiple Choice

Here are your choices this morning --

A. Read more about the Scott Rothstein case here.

B. Read more about the federal judicial openings here.

or

C. Watch the hilarious Jimmy Fallon intro to the Emmy's:

Wet Monday Mornings stink

How annoying -- US1 basically turns into a parking lot if there is the slightest hint of rain. Combine that with Monday morning. Ugh.

Anyway, we're almost to football season, and I'm thinking of betting against all of Rumpole's picks this year. I don't know what to make of this Dolphins. I'm trying to stay optimistic...

Miguel DeLa O is running the blog fantasy football league this year. If you want to play, email me or him. Alex Gomez (at Scott Srebnick's firm) beat me in the finals last year. I will get revenge this year.

Please let me know what's going on in the District -- it's pretty slow news wise. I've been wondering when the Federal JNC is going to announce that they are taking applications for the two open judicial slots... Will it be the same group of applicants or will the list grow because there are two openings? It'll be interesting.

And for the record, I believe you Paris.

Okay, well, that's your stream of consciousness this morning....