On Tuesday, the Supreme Court will hear oral arguments in a crack cocaine case. The case is Percy Dillon v. U.S., and the issue is whether the two level reduction in federal sentencing guidelines for crack cocaine implemented a few years ago allows judges, when implementing the reduction, to conduct a complete resentencing.

Many defendants were sentenced to huge terms of imprisonment for crack when the guidelines were mandatory. Since Booker in 2005, they have become discretionary. So when a defendant files a motion to have his or her sentence reduced under the guideline amendment, shouldn't the Judge be allowed to resentence under current law, treating the guidelines as advisory only? Put another way, shouldn't Booker be followed for sentencing modification decisions?

The case could have big ramifications: [More...]

A new study finds fatty foods and junk foods cause rats to overeat, triggering the same mechanism in the brain as cocaine.

Doing drugs such as cocaine and eating too much junk food both gradually overload the so-called pleasure centers in the brain, according to Paul J. Kenny, Ph.D., an associate professor of molecular therapeutics at the Scripps Research Institute, in Jupiter, Florida. Eventually the pleasure centers "crash," and achieving the same pleasure--or even just feeling normal--requires increasing amounts of the drug or food, says Kenny, the lead author of the study.

[More...]

President Obama has made a surprise trip to Afghanistan. I wonder if he'll be back in time for the White House Seder.

The New York Times has an editorial supporting 9th Circuit Appeals Court nominee Goodwin Liu, calling him exceptional.

Some convicted drug defendants in Mass. are likely to get new trials following the state's Supreme Court decision this week retroactively applying the U.S. Supreme Court decision in Commonwealth v. Melendez-Diaz, holding that chemists must appear in person at trial and be subject to cross-examination.

This is an open thread, all topics welcome.

The Washington Post has obtained a memo from an ICE official to field agents outlining plans to ratchet up the number of non-criminal deportations. It was written by James M. Chaparro, head of ICE detention and removal operations:

Beyond stating ICE enforcement goals in unusually explicit terms, Chaparro laid out how the agency would pump up the numbers: by increasing detention space to hold more illegal immigrants while they await deportation proceedings; by sweeping prisons and jails to find more candidates for deportation and offering early release to those willing to go quickly; and, most controversially, with a "surge" in efforts to catch illegal immigrants whose only violation was lying on immigration or visa applications or reentering the United States after being deported.

"These efforts must be sustained and will be closely monitored," Chaparro told field directors in the e-mail, which was obtained by the Center for Investigative Reporting and The Washington Post.

The memo is here (pdf). ICE responded to the Post with what seemed to be a backtrack. [More...]

Fox's "24" will end its run with the season finale on May 24.

I'm not surprised. Not only have their been rumblings this would be the case, but at least so far, it's been a very badly plotted season.

What's been most troubling for me is the show's reliance on not one or two, but three stereotypes of flawed, weak women. First, there's FBI Agent Renee Walker, who they turned into a zombie-like suicidal crazy person, blaming it on a past rape. Then there is Dana, who they stereotype as white trash jail bait who, despite being somehow smart enough to work at CTU, is dumb enough to slide right back and risk her job to help her ex-boyfriend, also white trash, pull off a robbery. (Now she's about to be the mole, so it remains to be seen how they finish her story. I won't be surprised if her motive turns out to be nothing more than she fell for a terrorist and is acting out of blind devotion.) Third, there's Kayla, the daughter of President Hassan, who's portrayed as weak (again because she's hopelessly over her head in love with a traitor/terrorist. [More...]

Four of the Elite 8 teams are in action this afternoon and evening, seeking a berth in the Final Four.

In the afternoon game, 2 seed Kansas State is a 4 1/2 point favorite over 5 seed Butler, the conqueror of 1 seed Syracuse. Butler plays good defense and will want to control pace. K-State appears to have better athletes. But K-State also plays great defense. K-State beat a very good Xavier team in 2OT in the Sweet 16, after blowing a big 1st half lead. Both teams seem plenty tough mentally. I like K-State (-4.5).

In the evening game, 1 seed Kentucky boasts the likely top 2 picks in the upcoming NBA draft (John Wall and Demarcus Cousins) and seems the best team in the tournament. But 2 seed West Virginia is physical and tough. Expect a rough game. I like Kentucky (-5) to tough it out in the second half.

This is an Open Thread.

The 9th Circuit Court of Appeals today said it's okay for police to taser a woman who is 7 months pregnant three times because she refused to sign a traffic ticket.

Here's the opinion (pdf). First the facts, as outlined in the dissent:

Malaika Brooks, a pregnant mother, as she was driving her son to school one day: Two, soon three, police officers surrounded her. The officers thought she was speeding in a school zone; she says she was not. Brooks provided her identification when asked, so there was no doubt who she was or where to find her. The officers wrote her a ticket but she refused to sign it. Refusing to sign a speeding ticket was at the time a nonarrestable misdemeanor;now, in Washington, it is not even that. Brooks had no weapons and had not harmed or threatened to harm a soul.

Although she had told the officers she was seven months pregnant, they proceeded to use a Taser on her, not once but three times, causing her to scream with pain and leaving burn marks and permanent scars.

What the majority said: [More...]

It just started snowing again here. I'm making a brisket with mashed potatoes and carrots, steamed asparagus and an arugula salad with cucumbers, strawberries, avocado and mozzarella cheese.

What's on your agenda or mind tonight? Is anyone excited about the new foreclosure program?

This is an open thread, all topics welcome.

Last month I wrote about a recent Hmong immigrant in Minnesota serving an eight year sentence for a fatal accident. He may have been wrongfully convicted because of a faulty gas pedal in his Toyota Camry.

Koua Fong Lee was driving home from church with his wife and children when their 1996 Toyota Camry suddenly sped to 90 mph and crashed, killing three people.

The Innocence Project of Minnesota has now joined the case, which the prosecutor has agreed to revisit. Driver error was never proven.

A Facebook page has been created to garner attention to the case and support Mr. Lee's bid for a new trial. Right now it has 1,680 members. Check it out and become a fan, let's see how high we can get the numbers.

The Department of Justice has sent a new report (pdf) about the number of terrorism-related convictions in federal courts to Senators Leahy and Sessions. It indicates that there have been more than 400 successfully completed terrorism-related cases since 9/11. The official title is: "National Security Division Statistics on Unsealed International Terrorism and Terrorism-Related Convictions 9/11/01 - 3/18/10."

(hat tip ACLU.)

Nancy Hollander has an oped in the New York Times: A Terrorist Lawyer, And Proud of It.

I hope you will read the whole thing. Here's a snippet:

Contrary to recent attacks by those who claim to be supporters of American justice, my defense of people accused of serious and sometimes horrific crimes is not an endorsement of those crimes. Rather, it is a testament to the strength of my belief in, and commitment to, the American system of justice.

Why? Because in my defense of every client, I am defending the United States Constitution and the laws and treaties to which it is bound, and I am defending the rule of law. If I am a terrorist lawyer, I also am a rule-of-law lawyer, a constitutional lawyer and a treaty lawyer.

Criminal defense lawyers represent even those considered by society to be the lowest among us. How do we do it? As I used to answer when asked how I could represent Timothy McVeigh, "With pride and dedication." As Nancy says:[More..]

Tonight the second set of four Sweet Sixteen games will be played. Yesterday, I correctly picked Kentucky and West Virginia to beat the spread, pushed with Xavier (+5) in a 2OT loss to K-State and missed the Butler upset of Syracuse.

Tonight is Big Ten night, as 3 Big Ten teams play. As for betting propositions, I like Tennessee (+5) over Ohio State, Baylor (-5) over St. Mary's, Mich St (-1) over N. Iowa and Purdue (+9) over Duke.

This is an Open Thread.