Crash

So we didn't finish the North of the Border Trial today as I had hoped. Summations will be Monday, which means a stressful weekend. Even worse, my Microsoft Exchange Server crashed at the office today, and my tech guy tells me that I've probably lost all my data. I thought this stuff never disappears... So do I start from scratch, hire a data recovery team, or try to recreate what I can from different places? UGH!!!!!

Still North of the Border

I'm still in trial and plan on catching up this weekend with SDFLA news. In the meantime, I did notice that the en banc 11th Circuit affirmed Judge Lenard in the Cuban Spy case (USA v. Ruben Campa), in which a panel of the 11th Circuit originally reversed on venue grounds. The original panel (Judges Birch and Kravitch) dissented. And the en banc court remanded to the panel to consider the other issues raised on the appeal. I haven't had a chance to read the opinions which run over 120 pages, but when I do this weekend, I'll post some thoughts. If any of you have read it, please post your comments.

A stranger in a strange land...

Sorry for the slow blogging... I'm in trial in Broward State Court (or as Rumpole would say: North of the Border). Here's an article about the trial if you are interested.

Big news in federal court -- drum roll please -- attorneys are now permitted to bring camera phones into the courthouse. I commend Chief Judge Zloch for amending the old rule prohibiting such phones. Pictures, of coures, are still prohibited..

Congrats to U.S. Attorney Alex Acosta

... who was confirmed today by the Senate.

We wish him, a rumored reader of the blog, all the best.

J. Middlebrooks rules against Sharapova in documentary suit

The AP reports: "A federal judge ruled Wednesday against tennis star Maria Sharapova, saying a Florida production company was entitled to market a documentary on the athlete despite her agents' attempts to halt distribution.U.S. District Judge Donald Middlebrooks said Byzantium Productions Inc. was lawful in its production of two films, 'Anna's Army' and `Russian Women's Tennis.' The documentaries did not violate trademark laws, the judge found."

Padilla trial continued...

... until January 22, 2007. "No further continuances will be granted," according to Judge Marcia Cooke. Here's the AP report.

To be noticed or not to be noticed - that is the question

by Marc David Seitles
For anyone who was wondering whether a defendant and his counsel had to be notified if the district court was going to grant a variance above the advisory guidelines range - the answer is no. Today, in US v. Irizzary, No. 05-11718 (11th Cir. Aug. 1, 2006), the Eleventh Circuit held that "the district court was not required to give Defendant advance notice before imposing a sentence above the advisory guidelines range based on the court's determination that sentences within the advisory guidelines range did not adequately address section 3553(a) sentencing factors."

On a sidenote, who created the term "variance"? A district court shall impose a sentence sufficent but not greater than necessary after considering all the factors set forth 18 USC 3553(a) - and that's it. The sentencing court renders its decision after considering the required statuory language. Therefore, should any decision post Booker truly be called a "variance"? Thoughts?

Judge William Thomas

Former Federal Defender and current State Circuit Judge William Thomas issued a big ruling today in a highly publicized murder case. Rumpole has the scoop here. (And to avoid any confusion, that's not me who was quoted in the article. That's another lawyer with the same first and last name -- different middle names.) UPDATE -- here's Judge Thomas' Order. Worth a read.