Chief Judge Altonaga issues new CARES Act Order

 You can read it here.

Basically it allows for video and telephonic hearings, but only for out of custody clients.  It does not continue jury trials.  The order is good for the next 90 days.

Congrats to your newest Magistrate Judge, Melissa Damian

Woohoo! This is great.

 

SDFLA Cert Grant

 This morning I posted some Supreme Court news, but I missed the big cert grant from this District.  Congrats to Andy Adler and Michael Caruso.  The case is Kemp v. United States. 

 The issue presented is: "Whether Federal Rule of Civil Procedure 60(b)(1) authorizes relief based on a district court’s error of law."

The 11th Circuit opinion ruling against the defendant is here.   

This isn't their first trip to SCOTUS.  Adler argued last term in Terry v. United States.

Justice Sotomayor calls for Sentencing Commission to be formed

 She does so (joined by Justice Barrett) in this statement respecting the denial of certiorari. 

It is the responsibility of the Sentencing Commission to address this division to ensure fair and uniform application of the Guidelines. Cf. Braxton v. United States, 500 U. S. 344, 348 (1991). In March 2021, I wrote concerning an unresolved Circuit split over the proper interpretation of a Guideline. See Longoria v. United States, 592 U. S. ___. The Sentencing Commission lacked a quorum of voting members then, and it still does today. At this point, the Sentencing Commission has not had a quorum for three full years. As the instant petition illustrates, the resultant unresolved divisions among the Courts of Appeals can have direct and severe consequences for defendants’ sentences. I hope in the near future the Commission will be able to resume its important function in our criminal justice system.

Best wishes to JJO

 Magistrate Judge John O'Sullivan officially retired today, after serving on the bench since 1999 (before that, he was a prosecutor, where he led the Court Broom case).  

One of the good guys on the bench, that's for sure.  Despite COVID, there was a nice reception for him at the Ferguson building this afternoon.  Judge O'Sullivan was drinking from a huge mug of beer with ice. 

My selfie game wasn't on point though: