Wednesday, January 06, 2010
What I'm up to...
It's going to be a busy, busy month. In addition to class and the usual peripherals, I will be grinding away on the following (all of which is pro bono work), with the help of some of my students:
1) In the case of United States v. Dillon before the Supreme Court, I'm writing an amicus brief for the Washington Legal Foundation, a well-respected and innovative conservative/libertarian group. The case involves an important but complex sentencing issue. After the sentencing commission changed the guidelines for crack, those sentenced under the previous rule were able to be resentenced. However, Sentencing Commission rules prevent the judge from considering anything other than the change in the guidelines. We are arguing that this violates the principle of individualized consideration, which has long roots in American law and is embedded in the statutes which currently guide sentencing in federal courts. I will be working on this one with Prof. Rory Ryan of Baylor and his sister Elizabeth.
2) In another Supreme Court case, United States v. Burgess, I am writing an amicus brief for the National Association of Federal Defenders. This case involves the application of the Sixth Amendment's right to a jury where a case involves an increased sentence due to the involvement of a weapon. In this one, I am going to focus on the fact that mandatory minimums are subject to the same flaw as the sentencing guidelines (as exposed in Blakely and Booker), in that they violate the Sixth Amendment where they are imposed based on facts not found by a jury. One wonderful challenge here is that my clients are themselves some of the best appellate attorneys in the country.
3) I am also joining the board of Friends of Justice. My first meeting is Saturday, and I'm looking forward to it.
Interestingly, I was approached by the Washington Legal Foundation and the Friends of Justice on the same day-- and they represent very different viewpoints. I must be doing something right!
Comments:
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Do the Friends of Justice and the Justice League of America ever cross paths? Work together?
What I'm getting at here is, are you going to be working with the Green Lantern or not?
What I'm getting at here is, are you going to be working with the Green Lantern or not?
The Washington Legal Foundation is an excellent organization with a long track record of success defending individual rights.
Keep me updated on the Burgess case, 1) since it really does pertain to many of the cases I've handled, and 2) probably more importantly...I'm interested.
I'm with Dallas_ADA, though I have to ask: is this something that will be limited to federal criminal procedure? I'm trying to think of cases where we ask for evidentiary findings that aren't made by the fact-finder, and I can't think of any off the top of my head.
Of course, that's because my head is full of search warrant and deposition law at the moment. Why am I up at 2:40 in the morning you ask? Research. The life of an appellate prosecutor is not glamorous.
Of course, that's because my head is full of search warrant and deposition law at the moment. Why am I up at 2:40 in the morning you ask? Research. The life of an appellate prosecutor is not glamorous.
Professor,
You are a man of integrity and true to your beliefs- your wise counsel has aided me greatly in my practice of criminal law.
Best,
Jacob G. "Chicago" Straub
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You are a man of integrity and true to your beliefs- your wise counsel has aided me greatly in my practice of criminal law.
Best,
Jacob G. "Chicago" Straub
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