WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, April 16, 2014

WHAT KIND OF LEGAL SYSTEM DOES THIS?

Caesar Cantu plead guilty to marijuana trafficking and was sentenced to 11.5 years in federal court. Due solely to a scribbners error an additional 42 months was added to his sentence on the judgment and conviction. However, the district court judge was forced to deny his motion to correct his sentence because he filed it untimely. The Judge opined that Cantu's only option was to seek clemency from the President. 

What kind of legal system does this to its citizens? Where was Eric Holder's Justice Department? Why didn't the DOJ just agree to the reduction in sentence? 

As reported by The Hill here, the President did grant Cantu clemency and reduced his sentence to the original and correct time ordered by the Judge. 

But why don't we have a legal system that allows Judges to correct egregious errors? We are so wedded to form over substance and the great writ of Habeas Corpus has been so gutted by Congress that when it was truly needed, it was not available to Mr. Cantu. 

This is a warning sign. A persistent cough in a system that is broken and sick. We ignore it at our own individual peril. 

See you in court, and yes, in Florida, a Rule 3.800 motion to correct a sentence has no time limit. 


PS. Don't- under any circumstances- hire Imer Perez to represent you. Just don't. Herald article here. 


14 comments:

MC Waste Services, Inc said...

When fake attorney perez gets arrested, he and his "partners" racket will become evident and everyone will get to see how the Miami brand of legal sausage is really made. He used his bail bond office's address as his place of employment with his probation officer. This story is deeper than Perez's temporary exodus.

MC Waste Services, Inc said...

http://miami.cbslocal.com/2014/04/15/convicted-child-abuser-accused-of-posing-as-attorney/

Kenny Wize said...

I know a secret about the best chinese chef in the world: Peter Chang- that you don't know and never will.

MC Waste Services, Inc said...

true- ha- cheers

Anonymous said...

I can't believe the Cantu situation has generated more comments or that the AG didn't take care of this. I'll never understand how things like this happen. It's disgusting.

BTDT

Anonymous said...

MC Waste...why don't you start your own damn blog & stop hijacking everyone else's...So sick of you.

Anonymous said...

Get a verdict yet Rumpy?

Anonymous said...

Reiner Diaz De La Portilla is running, but why? He should learn the law and practice law first. Shameless family and worthless candidate.

Anonymous said...

And what kind of justice system is this:

justhttp://www.nytimes.com/interactive/2014/04/16/sports/errors-in-inquiry-on-rape-allegations-against-fsu-jameis-winston.html?_r=0ice

Winston is a bad guy, but winning a National Championship is more important than the character of the players who win it. I hope that the teams in the NFL decide this guy is a problem, and make him pay a price for his arrogance and attitude of entitlement.

Anonymous said...

Justice, Miami style. Was sitting in on a civil motion calendar recently Plaintiff was arguing for disclosure of certain information from a large corporate entity. The judge had been on the bench less than 3 years and was new to the civil side and up for election and was not hispanic. The corporation was represented by insurance lawyer and sitting as co-counsel was a prominent hispanic high ranking member of the Fla. bar. The implied threat was if you rule against the corporation, the prominent hispanic attorney could run a hispanic candidate against the judge. His presence was not required and did not argue the motion. Guess which way the Judge went? I have been around a while and maybe some of the younger attorneys had no idea as to what was going on. The judge did not want to go back to public service as a proscutor or Public Defender. Guess what the ruling was?

Anonymous said...

11:31 I would expect the judge to follow the law and rule for whoever had the law on its side, be it the plaintiff or the corporation.

Anonymous said...

11:31 You are naive and clueless. Once upon a time, on drug trafficking cases if a certain bondsman sat in a certain seat in the court the defendant would obtain a low reasonable bond. If the bondman was not in the seat, ruling was no bond or a high bond the defendant could not make.

Anonymous said...

Mc waste... I am intrigued by your theory... mainly because i believe you may be on to something about perez. would love to know how much deeper this goes. Care to share the rest of your theory?

Anonymous said...

In regards to Mr. Imer Perez, it must have been an interesting turn of the events for his criminal defense attorneys when Perez bit the hands that "freed" him. HA. I agree that there are about 1% of people arrested that are truly innocent. But where there is smoke there's fire and had these defense attorney's allowed the system to proceed it's course instead of pushing for a bogus and ridiculous plea agreement, this guy would still be in jail not out and about conning, stealing, and possibly even molesting more children. I'm sure these attorneys are real proud of their victory now.