Rodney Smith was sworn in and Lisette Reid had her investiture

Congrats to them both!

Judge Graham did the swearing in for Judge Smith.

And it’s Miami, so the judges were in their summer uniforms.

“I want everyone who looks at this matter to get to the bottom of it to make sure these proceedings are not tainted in any way."

1.  That was Judge Scola after learning that two snitches at FDC hatched a plot to pay a defendant to go to trial so that they would get a longer sentence reduction.  Jay Weaver covers the story here:

The potential payoff for her: From $1 million up to $10 million in bribes, according to her defense attorney, but with the downside that she might spend more time in prison herself if she was convicted.

The strange snitching twist came to light in a massive narcotics distribution case that has already seen nine of the 10 defendants plead guilty. Bravo and Belalcazar are cooperating with the feds after both pleaded guilty to conspiring to transport hundreds of kilos of cocaine into the United States — loads that were confiscated at sea by the U.S. Coast Guard. They now face up to life in prison — though the scheme described in open court and court documents suggests they were angling for far more lenient punishment.

The payoff plan could now backfire on them: the sole defendant, Yina Maria Castaneda Benavidez, who was supposed to face trial alone on Friday, was clueless about their plot to bribe her, according to her lawyer, Erick Cruz. And her intention was to go to trial anyway to fight the trafficking-conspiracy charge, Cruz said.

“She had no idea that this was going on,” he told the Miami Herald after the federal court hearing. “It caught her and everybody else by by surprise.”

Cruz and his client, whose trial has now been postponed until September, said they learned about the alleged bribery plot from federal prosecutors. They recently found out about it from a Drug Enforcement Administration agent, who got a tip from a paralegal, who somehow picked up on the scheme at the Federal Detention Center in downtown Miami. That is where the two Colombian cooperating witnesses, Bravo and Belalcazar, are in custody — along with Castaneda.

The FDC, a towering concrete building that mainly holds defendants who are awaiting trial or have pleaded guilty with cooperation deals, is notorious for inmates swapping dirt on one another to gain some ground against a long sentence.

In a court filing, Cruz said the two Colombian witnesses in the drug-trafficking case discussed their planned testimony about his client with other FDC inmates, and that they agreed to deposit money in her commissary account for the rest of her incarceration if she went to trial, was convicted and they received a sentence reduction.

Cruz has asked U.S. District Judge Robert Scola to disallow their appearances as government witnesses because “their desperation” to obtain a sentence reduction by testifying against Castaneda “impairs” her due process rights.

“The court should sanction [Bravo] and [Belalcazar] by not permitting them to testify at [Castaneda’s] trial,” Cruz wrote in the court filing. “Their conspiracy to devise a scheme in which they would bribe [Castaneda] to go to trial so that they could testify against her and receive a sentence reduction is novel, even by South Florida standards.”

Initially, prosecutors Joseph Schuster and Brian Shack said they still wanted to use the two Colombians as cooperating witnesses against her, but Judge Scola warned them that it may not be possible under the circumstances.

“I don’t know how you can come to that conclusion,” the judge said, raising the obvious problem of the two witnesses’ credibility and integrity.

2.  In other news, Rumpole covers Judge Altman's announcement that it is his policy to remand defendants at sentencing.  Rumpole rightfully says that the better practice is to allow self-surrender. 

One thing Rumpole didn't touch on was the enormous cost to the system and the defendant by requiring surrender at sentencing instead of to the prison where the sentence will be served.  A remand means that the defendant will go to FDC (if he's lucky; since Altman is in Broward, his defendants may go to the county jail before being moved to FDC) and then will wait there for 4-6 weeks until he is moved to another holding facility.  After spending time there, the defendant will then be moved to the ultimate prison at thousands of dollars of cost to the system for no reason.  And that doesn't account for the terrible conditions to the defendant during the transfer.  Talk to most defendants and they will tell you that the worst time they did was the movement from FDC to the holding prison to the final prison.  It's much worse than diesel therapy.  It's countless nights in the Special Housing Unit or sleeping on the floor of a county jail, all the while being cut off from being able to speak to your family.  Many times defendants are transported to Oklahoma or Atlanta even if their designated prison is somewhere in Florida.  It's just absurd. 

Most judges give defendants time after sentencing to self-surrender to their designated prison.  This way, the defendant bears the cost of the travel.  Marshals are able to focus on their jobs instead of transporting defendants.  And defendants can humanely go to the prison instead of being treated in ways which we wouldn't wish on our enemies. 

So I hope Judge Altman reconsiders a policy that greatly burdens the system, taxpayers, and defendants with no countervailing benefit. 

BREAKING -- Rodney Smith confirmed

CONGRATS to our newest judge -- Rodney Smith.  He was confirmed 78-18 to fill Robin Rosenbaum's slot. 

Judge Ungaro rules for FDA in fight with stem cell clinic

Interesting case.  The NY Times covers it here:

A judicial ruling this month that will stop questionable stem-cell treatments at a clinic in Florida is widely seen as a warning to a flourishing industry that has attracted huge numbers of patients, who pay thousands of dollars for unproven, risky procedures.

But with little regulatory oversight for the hundreds of clinics operating these lucrative businesses across the country, it’s too soon to tell how far the impact might reach.

The decision, by a federal court on June 3, empowered the Food and Drug Administration to stop U.S. Stem Cell, a private clinic in Sunrise, Fla., from injecting patients with an extract made from their own liposuctioned belly fat.

The clinic had claimed that the extract contained stem cells with healing and regenerative powers that could treat a range of illness and injuries, from back problems to Parkinson’s disease, arthritis, and heart and lung diseases.

But medical experts say there is no proof that these treatments work, and three patients, who each paid $5,000 to be treated at U.S. Stem Cell in 2015, went blind after the fat extracts were injected into their eyes to treat macular degeneration.

In granting the F.D.A.’s request for an injunction against the clinic, Judge Ursula Ungaro agreed with the agency that extracting stem cells from fat requires so much processing that it essentially transforms them into a drug. That alteration firmly places such treatments under the jurisdiction of the F.D.A., which has the authority to regulate drugs.

“There is a reasonable likelihood that the defendants will continue to violate the Food, Drug, and Cosmetic Act,” the federal law that gives the F.D.A. its regulatory authority, Judge Ungaro wrote. She also noted that when the agency warned U.S. Stem Cell about unsafe practices at the clinic, the company responded not by correcting the problems, but by arguing that it was exempt from F.D.A. regulation.

Here's the order.

“Given the number of most-watched cases still unannounced, I cannot predict that the relatively low sharp divisions ratio will hold.”

That was RBG speaking at the Second Circuit last week on how the Court so far this Term has been relatively cordial and not split 5-4 (only 11 cases so far). But the gerrymandering case and the census case are still out there with the Term coming to a close.

Lots of other tidbits in this Washington Post article, including Kavanaugh's hiring of all women law clerks, tipping the balance of female law clerks over male for the first time in Court history.

She also said that the retirement of Justice Kennedy was “the event of greatest consequence for the current term, and perhaps for many terms ahead.”