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Thursday :: June 12, 2014

Thursday Open Thread -World Cup Edition

World Cup starts today in Brazil with the host country facing Croatia.

Much polemic in USA ranks as Jurgen Klinsmann, the German great who runs the USA team, left the greatest player in USA soccer history, Landon Donovan, off the team.

Probably doesn't matter as USA is in a group of death, with Germany, Cristiano Ronaldo's Portugal and the best African team who knocked USA out of the last 2 World Cups, Ghana. It'll take a near miracle for USA to advance.

Teams to watch - Belgium, Colombia. While the casual fan will not be aware, the soccer world knows the talent on these 2 squads. Otherwise the usual favs - Brazil, Messi's Argentina, defending champs Spain and the perennial favorite Germany.

Players to watch: Brazil's Neymar, Messi, Uruguay's Suarez (recovering from knee surgery) and of course Cristiano Ronaldo.

Should be tons of fun. Picks tomorrow. Today I like Croatia (+2 goals) to keep it close. Open Thread.

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Wednesday :: June 11, 2014

Wednesday Night Open Thread

Tonight is the gran finale of El Capo 3. It began March 25, and I have watched all 56 episodes at least once. I'm totally not okay with it ending tonight.

The past few weeks have not been as compelling as the first weeks, but I can't tell if that's because without subtitles, I'm missing too much, or whether they decided to cut the number of episodes after filming and did a less than stellar editing job. I suspect it's the latter, but of course have no way to know. [More...]

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11th Circuit Rules Warrrant Required for Cell Site Locator Data

Quartavious Davis was convicted of various robberies during which he possessed a gun. He was sentenced to 162 years. His primary argument on appeal was the the Government obtained his cell phone's location information from his wireless provider by court order under the Stored Communications Act rather than by search warrant. Unlike a search warrant, the SCA does not require a showing of probable cause. The Government used the location data Davis at trial to show that as to six of the seven robberies, Davis and his co-defendants placed and received cell phone calls around the time of the robberies near the locations of the stores that were robbed. The 11th Circuit ruled Davis had a valid privacy interest in his location under the Fourth Amendment, and obtaining the data via an order under the SCA (section 2703(d)) was unconstitutional. The opinion is here.

The AP reports:

In the first ruling of its kind nationally, a three-judge panel of the 11th U.S. Circuit Court of Appeals determined people have an expectation of privacy in their movements and that the cell tower data was part of that. As such, obtaining the records without a search warrant is a violation of the Fourth Amendment's ban on unreasonable searches and seizures, the judges ruled.

However, Davis gets no relief from the Court because of the violation. The Court determined the "good faith" exception to the exclusionary rule applies under United States v. Leon. [More...]

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Tuesday :: June 10, 2014

Tuesday Open Thread

Here's an open thread, all topics welcome.

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Sentencing Commission Holds Hearing on Retroactivity of New Drug Guidelines

The U.S. Sentencing Commission today held a hearing on whether to make the two point reduction in drug sentencing guidelines that becomes effective November 1, 2014 retroactive so that it applies to those already sentenced. The hearing agenda with witness statements is here.

The Justice Department, unfortunately, is asking the Commission for limited retroactivity. From its prepared testimony:[More...]

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Monday :: June 09, 2014

Sinaloa Cartel Co-Leader Dies of Heart Attack

Juan José Esparraoza Moreno,"El Azul", the veteran narco-trafficker and co-leader of the Sinaloa cartel along with Joaquin "El Chapo" Guzman and Ismael Zambada-Garcia, has reportedly died of a heart attack while convalescing from an accident he had about two weeks ago in which his vertebrae was injured. He was 65.

"El Azul" spent 40 years in the drug business, first with the Guadalajara cartel, then the Juarez cartel (where at one point he was second to Amado Carrillo Fuentes,aka Senor de los Cielos) before teaming up with El Chapo Guzman and Ismael Zambada-Garcia as leaders of the Sinaloa Federation. [More...]

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Sunday :: June 08, 2014

FARC and Colombian Government Agree to Truth Commission, Recognition of Victims

With the Colombia run-off election 8 days away, FARC and the Government of Colombia reached another milestone in the Havana peace talks.

Both sides agree the victims of the violence in Colombia must be heard. A truth commission will be set up, which FARC refers to as the "Commission of Clarification of the Origen and the Truth of the History of the Conflict." FARC has also declared a cease-fire for the next three weeks, through the election.

Here is the text of the agreement (English). Here is FARC's press release (English.)

Colombia Reports uses the headline "FARC formally admits responsibility for victims of Colombia conflict" but I think that's misleading. FARC has not admitted responsibility for the atrocities to the victims. In fact, the agreement says at this stage, the parties will not be exchanging blame. Recognizing there are victims and that the victims have a right to be heard and learn the truth is not the same as an admission of guilt or responsibility for what befell them. FARC and the Government have always claimed the other is responsible. The agreement says: [More...]

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Saturday :: June 07, 2014

Hershey Sues Edible Company Over Look-a-like Candies

Hershey Chocolates has filed a federal trademark infringement lawsuit against TinctureBelle LLC and TinctureBelle Marijuanka LLC, a Colorado company that makes marijuana-infused candy.

Hershey claims the packaging for the edibles too closely mimics its trademarked products. It also objects to TinctureBelle's online advertising. The complaint (Case No. 14-cv-01564-WYD, District of Colorado) includes photos of the alleged infringing products. [More...]

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Saturday Morning Open Thread: Triple Crown Edition

Can California Chrome become the first horse since the great Affirmed did it 36 years ago to win the Triple Crown? Me and over 100,000 of my closest friends will be at Belmont Park this afternoon to see if he can.

Meanwhile, here is the greatest horse who ever lived running the greatest race ever run:

Open Thread.

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Sleeping In: Open Thread

I'm wiped out from my motions. Got the last one filed at 11:59 pm -- deadline was midnight. Then I read the 50 or so motions filed by lawyers for co-defendants. I doubt I'll be up before noon.

Here's an open thread, all topics welcome.

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Friday :: June 06, 2014

DEA Threatens MA Medical Marijuana Doctors

Massachusetts enacted a medical marijuana law in 2012. Recently, shortly after the first licenses were approved, the DEA began visiting MA physicians associated with medical marijuana dispensaries and giving them a choice: Give up your DEA license to prescribe most medications, or give up your association with dispensaries.

The stark choice is necessary, the doctors said they were told, because of friction between federal law, which bans any use of marijuana, and state law, which voters changed in 2012 to allow medical use of the drug.

The DEA’s action has left some doctors, whose livelihoods depend on being able to offer patients pain medications and other drugs, with little option but to resign from the marijuana companies,where some held prominent positions.

The DEA gets progressively more out of step with the Department of Justice, Congress and state legislatures every day. Its budget is bloated and it desperately needs new leadership. DEA Director Michelle Leonhart, who presumably approves tactics such as these, should be asked to resign and a more enlightened director should be appointed to take her place. You can sign a Change.Org petition to remove her here.

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Thursday :: June 05, 2014

Thursday Night Open Thread

I've got motions due tomorrow and am taking a few hours off to watch El Capo 3, Senor de los Cielos and La Vieuda de Negra. I'll be back to blogging late tonight or tomorrow.

This is an open thread, all topics welcome.

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