Guest Blogger Oliver A. Ruiz: By now, you are no doubt aware that Taylor Swift's new album was released at midnight. Unless you don't have a smartphone, radio, or TV.  Speaking of TV, some will recognize that to also mean "Taylor's Version," a reference to the albums that Ms. Swift has re-recorded in recent years. You may even know that she has two such albums left to re-record (or maybe just one more, if Reputation TV was also released last night, or very soon as rumored; h/t Kelly Malloy).  But why do musical artists re-record albums? You may be wondering if this is permitt ..read more

That was Sentencing Commission Chair, Judge Carlton W. Reeves.  From FD.org: The bipartisan United States Sentencing Commission voted unanimously today to prohibit conduct for which a person was acquitted in federal court from being used in calculating a sentence range under the federal guidelines (USSC press release available here). “Not guilty means not guilty,” said Commission Chair Judge Carlton W. Reeves. The U.S. Supreme Court last year sidestepped the question of whether the practice was unconstitutional, with several justices saying they would wait for the Sentencing Commission ..read more

By John R. Byrne Senator Bob Graham passed away yesterday. He was a great leader for Florida and our country during his years as a state representative, state senator, Governor of Florida, and, most recently, as a United States Senator from 1986 to 2005.  During his nearly 20 years in the Senate, the Harvard Law graduate helped select numerous district and circuit court federal judges, many of whom are still serving today. Graham was well-respected on both sides of the political aisle, reflected by key positions he held, including as chairman of the Senate Intelligence Committee in th ..read more

 … so that he can attend his son's high school graduation and the U.S. Supreme Court argument in his case? Despite your views of Trump, isn't this a no-brainer? Why is the judge giving him a hard time on these things?  Meantime, Trump apparently fell asleep during trial. But we don't have cameras to see it. Just ridiculous.  We've all seen judges and jurors nod off during trials. The Supreme Court has said that it's not ineffective for a lawyer to fall asleep during trial... what about a defendant ..read more

1.SCOTUS will hear Fischer v. United States on Tuesday, which will impact the January 6 cases as well as others. The issue: Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence.   The WaPo has more here, as does SCOTUSBlog. Many are expecting, yet again, for the Supreme Court to say that prosecutors and lower courts have stretched statutes too far. 2. Speaking of SCOTUS, here's a nice AP piece ..read more

By John R. Byrne Significant order entered by Judge Moore yesterday in the racial gerrymandering lawsuit filed against the City of Miami. After holding a bench trial back in January, Judge Moore ruled that the City violated the Constitution by drawing voting maps with the goal of having various districts in the City elect commissioners of certain races (specifically, three hispanic commissioners from the three majority Hispanic districts, a black commissioner from a majority Black district, and a white commissioner from a majority "Anglo" district). The Court wrote: "[W]hether the City believe ..read more

 It's AUSA Michael Berger versus defense lawyer Howard Srebnick.  Law360 has the story on openings: Ecuador's former comptroller on Tuesday denied accepting and laundering $10 million in bribes in exchange for eliminating fines imposed against a Brazilian company for constructing a shoddy hydroelectric plant, telling a Florida federal court he was charged with crimes because the project's corrupt manager lied to avoid prison time. Speaking on behalf of 73-year-old Carlos Ramon Pólit Faggioni, Howard M. Srebnick of Black Srebnick PA told a jury during opening statements that his clie ..read more

 The NYT has an opinion piece about the issue and starts with a story about our own Judge Raag Singhal: In 1999, a Florida lawyer, Anuraag Singhal, represented a man convicted of gunning down a police officer. Singhal had to somehow persuade a jury that his client, Jeffrey Lee Weaver, should face life in prison rather than the electric chair, the punishment the hard-charging prosecutor sought. “I hope you can find some love in your heart for Jeff Weaver, and I hope you’ll let him die in prison,” Singhal said, according to a report in The Sun Sentinel, the local newspaper. The article des ..read more

 1.  The DBR covers the tragedy involving Judge Matthewman's son. 2.  The NYT wrote about Trump's lawyer, Todd Blanche.  I had him on the podcast here, if you'd like to actually hear from him. 3.  DOJ believes it doesn't need to comply with subpoenas.  Judge Ana Reyes had a different idea.  Via Politico. 4.  Some are calling on Justice Sotomayor to resign so Biden can appoint her successor and there is not another RBG situation. 5.  Reuters: Justice Breyer is going to hear cases on the 1st Circuit ..read more

 This one was before Judge Rodney Smith, who granted a Rule 29 motion.  Congrats to the defense lawyers -- Sam Rabin and Jessica Duque.  (I am particularly proud of Jessica, a former student in my White Collar Seminar at UM).   Jay Weaver of the Miami Herald covers the case here: Two years ago, a South Florida lawyer was charged with her fiancé and others in what appeared to be a textbook conspiracy case accusing them of applying for million of dollars in federal government loans meant to help small businesses survive during the COVID-19 pandemic. Pembroke Pines attorn ..read more