Eastern District of California Blog

Time 2020-09-22 05:02:37

Web Name: Eastern District of California Blog

WebSite: http://edca.typepad.com

ID:55327

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John Balazs is an attorney in Sacramento, California, specializing in criminal defense, including appeals, habeas corpus, pardons, expungements, and civil forfeiture actions. After graduating from UCLA Law School in 1989, he clerked for Judge Harry Pregerson of the U.S. Court of Appeals for the Ninth Circuit. John was an Assistant Federal Defender in Fresno and Sacramento from 1992-2001. Please email EDCA items of interest to Balazslaw@gmail.com. Follow me on twitter @balazslaw. This blog is for informational purposes only. Nothing in this blog should be construed as legal advice. The law can change rapidly and information in this blog can become outdated. Do your own research or consult with an attorney. Although I may have missed some, here s a list of EDCA district court orders granting a federal inmate s motion to reduce sentence to time-served under 18 U.S.C. § 3582(c)(1)(A) based on COVID-19:1) U.S. v. Sewell, No. 05-CR-00554-TLN (6/5/2020, USP Lompoc);2) U.S. v. Head, No. 2:08-CR-0093-KJM (6/15/20, USP Lompoc); 3) U.S. v. Richardson, No. 2:17-CR-0048-JAM (6/19/20, FCI Terminal Island); 4) U.S. v. Davis, No. 2:15-CR-0062-TLN (6/23/30, FMC Lexington); and5) U.S. v. Bradley, No. 2:14-CR-0293-KJM (7/7/20, FCI Sheridan). Per today s Sacramento Bee,The debate over whether people should stand for the playing of the national anthem has now come to Sacramento, courtesy of a federal lawsuit filed against the city by a Las Vegas man who says he is afraid he could be arrested if he refuses to stand for the song at future Sacramento Kings games.Jack Lipeles, who has operated jewelry and car service businesses and has been dubbed the “Jeweler to the Stars” because of his business and social ties to celebrities such as former boxing champ Mike Tyson, filed the suit last week alleging that Sacramento’s city code makes refusing to stand for “The Star-Spangled Banner” a crime.“Plaintiff is unwilling (and should not be required) to subject himself to criminal prosecution in order to preserve his constitutionally (protected) right to freedom of speech,” the lawsuit says. “Consequently, it is impossible for Plaintiff to attend Kings game(s) but not stand for the Anthem.”Although I applaud the First Amendment principle at issue here, this lawsuit seems more form than substance. As a Kings season ticket holder, I can say that I ve seen people sit (or kneel) during the National Anthem numerous times without repercussions. And Judge England should have plenty of time to deal with this suit as I doubt there will be Kings games with fans in Sacramento any time this year--and maybe not next year either. See Lipeles v. City of Sacramento, No. 2:20-CR-1328-MCE. Per articles in the Davis Vanguard and Sacramento Bee, Sacramento County Public Defenders filed last week a 400-page pleading asking the California Supreme Court to take action to order the Sheriff to engage in life-saving measures to prevent inmates death from COVID-19. The Sacramento News Review reports that U.C. Davis Medical Center has pulled its psychiatric residents from working at the Main Jail because of correctional officers failure to wear masks. And as bad as things are in the Sacramento jail, it looks worse in the Fresno County jail where over 600 inmates have tested positive for COVID-19. ABC 30, 7/30/20 President Trump announced today the nomination of Sacramento Superior Court Judge James Arguelles to the EDCA district court bench.Here s the Whitehouse s bio on Judge Arguellas:James Patrick Arguelles currently serves as a Superior Court Judge in Sacramento County, California. Before taking the bench in 2010, Judge Arguelles was a Partner at Stevens, O’Connell Jacobs, LLP, an Assistant United States Attorney for the Eastern District of California, and in private practice at Gibson, Dunn Crutcher, LLP. Judge Arguelles is also a Military Judge in the United States Army Reserve. Upon graduation from law school, Judge Arguelles served as a law clerk to Judge Marilyn L. Huff of the United States District Court for the Southern District of California. Judge Arguelles earned his B.S., as a Distinguished Graduate, from the United States Naval Academy, his M.S.S., as a Distinguished Graduate, from the United States Army War College, and his J.D., magna cum laude, from Harvard Law School.Whitehouse.gov. The EDCA Court website has a very good biography here of Judge John F. Moulds III, who recently passed away at age 82. With permission of the authors, I am also reprinting some memories of Judge Moulds from three criminal defense attorneys:Suzanne Luban, Stanford Law Clinical Supervising Attorney and LecturerI too started my career as a defense lawyer practicing in Judge Moulds court, in 1988. John s humanity and appreciation of our clients as people deserving respect was always evident, as was the twinkle in his eye when there was occasion to poke fun at me or another one of what then was truly the court family. Judge Moulds spearheaded the re-naming of magistrates to magistrate judges in recognition of the important role he and his colleagues played in the nation s federal courts. In the courtroom, he gave us great latitude to try our cases and listened to our arguments. He made sure our clients understood what was happening. He made me and my colleagues feel like what we in the defense bar had to say truly mattered. He and his amazing staff of attorneys gave deep attention to my many habeas cases. And he and his wonderful wife and life partner Betty welcomed a lucky few into their home for a delicious meal, a glass of wine, and a rousing conversation about culture and travel.JFM, you will be missed.Tim Zindel, Assistant Federal DefenderWhen I started in this office, along with Ann Linda and many panel attorneys, our bail hearings, discovery disputes, and misdemeanor cases were often heard by someone who understood the function of criminal defense and who treated our clients like persons rather than cattle.Judge Moulds was the Eastern District’s second magistrate judge. He took the job in the 1980s after almost 20 years as a lawyer with California Rural Legal Assistance and a few years in private practice. Connie was his courtroom deputy when I started and continued with him until Judge Mueller became a mag judge. Being in JFM’s court was a pleasure, always, and I have missed him many times over the years when I have left the courtroom empty-handed and unheard. He was good-humored and, most of all, compassionate. A very fine man who became a judge not out of self-regard but out of concern for the welfare of others. There were no favorites in his Court and my clients always felt he respected and understood them. I wish you all had had a chance to practice in his court.Mark Reichel, Sacramento attorneyJohn Moulds was exactly what everyone would want to see on the bench when they would arrive for that most fundamental of American rights: their Day in court. His many talents never surpassed each other, they were co equal. His intellect was great and so was his compassion. His good nature and comic spirit was equal to his extremely serious drive for justice. He should have been more than even a District Judge, in a fair world. He was that smart and that qualified. He also never took an advocate s (well, at least me) zeal and excessive passion about a case personal. Simply, we were so lucky, he was so good for us, and we are so much better for him. Chief Judge Kimberly J. Mueller issued an order today closing all EDCA courthouses tomorrow, June 1, 2020, as a safety precaution due to the protests over the George Floyd killing. The Court staff is expected to continue to work remotely. We got the sad news today that retired EDCA court Magistrate Judge John F. Moulds passed away. After almost 20 years with California Rural Legal Assistance, Judge Moulds became the EDCA s second magistrate judge. He was good-humored, compassionate, and I don t ever remember him raising his voice or losing his temper. He ll be missed by all. Yesterday, the Republican Party filed this EDCA lawsuit seeking to block California from sending vote-by-mail ballots to all registered voters for the November election due to the spread of COVID-19. I expect this action will be assigned a district judge tomorrow, when the court reopens after the Memorial Day weekend. Apparently, the less voting, the better for Republicans. The U.S. Department of Justice sent this letter to Governor Newsom complaining that California s temporary closures to stop the spread of COVID-19 violate the Free Exercise Clause of the First Amendment by purportedly singling out religious gatherings for unequal treatment. Although the letter lists all four California U.S. Attorneys, the letter ends by suggesting Governor Newsom call EDCA U.S. Attorney McGregor Scott to discuss the matter further.See also CBS Sacramento, 5/20/20. A federal judge has rejected a request that he scuttle the California Highway Patrol’s temporary ban on protests at the state Capitol, saying the state’s emergency powers during the coronavirus pandemic give it the authority to order a halt to such gatherings.U.S. District Judge John A. Mendez issued the 24-page order Friday afternoon following two hours of argument a day earlier in federal court in Sacramento during which two Sacramento residents were seeking a temporary restraining order against the CHP’s protest ban.Mendez cited a 1905 U.S. Supreme Court ruling that found “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”Sac Bee, 5/8/20

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This blog focuses on news and information regarding practice in the federal courts in the Eastern District of California, with a special emphasis on criminal and civil rights cases.

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