Thursday, August 18, 2005

Time for a Candyman en Banc?

United States v. Willie Coreas, Docket No. 03-1790-cr (2d Cir. August 18, 2005) (Jacobs, Calabresi & Rakoff, D.J.) (Op. by Rakoff): Our faith in the rule of law has been restored. In this opinion, Judge Rakoff of the SDNY, writing for Judges Jacobs & Calabresi as well (thus covering the political spectrum from the Federalist Society to the ACS), concluded that the now-infamous "Operation Candyman" affidavit, excised of the Government agent's fabrications, was insufficient to support the issuance of numerous search warrants, including that leading to Coreas's arrest and prosecution for possession of child pornography. Unfortunately, because a prior panel of the Circuit reached an opposite conclusion on the same issue two weeks earlier in Martin (click here for our less-than-subtle critique of Martin), the panel in Coreas nonetheless upheld the search warrant.

The opinion in Coreas is highly recommended. Some examples to entice the reader: A powerful beginning ("Child pornography is so repulsive a crime that those entrusted to root it out may, in their zeal, be tempted to bend or even break the rules. If they do so, however, they endanger the freedom of all of us." Op. at 2); a powerful invocation of the Constitution ("The notion that, by this act of clicking a button [to join a listserve / e-group], [Coreas] provided probable cause for the police to enter his private dwelling and rummage through various of his personal effects seems utterly repellent to core purposes of the Fourth Amendment." Op. at 11.); and much deservedly harsh language heaped upon Martin ("The Martin majority not only effectively dispenses with th[e] requirement [that probable cause be backed . . . by evidence particularized to the target of the search,] but substitutes for it the rule that if you simply web-join an e-group whose 'primary' purpose is the unlawful distribution of pornography, that is enough to warrant the search of your home -- even if there is no evidence that you knew this was the group's 'primary' purpose or that you actually intended to use the group for such a purpose rather than for the other, lawful purposes that it also provided. Such a rule, by focusing on the ordering of the purposes of the group, rather than the activities of the person whose home is to be searched, not only violates the First Amendment protection against guilt by association but also makes a mockery of the Fourth Amendment's focus on particularity and on protection of the privacy of the individual to be searched." Op. at 14). Also worth reading is the opinion's flailing of "Special" Agent Binney (though, shockingly, no perjury prosecution is apparently on the horizon) and its thorough exposure of the full extent his deceit -- essentially glossed over by the majority opinion in Martin. Op. at 2-7.

A simple headcount reveals that there are now 3 active judges of the Circuit who believe that the Candyman warrants are invalid (Judges Calabresi & Jacobs in Coreas, and Judge Pooler dissenting in Martin), and only 2 who would uphold the warrants (Judges Walker & Wesley, the Martin majority). En banc rehearing seems warranted, and perhaps likely, given the numbers . . . .


Blogger beth550katherine said...

='Brand New News From The Timber Industry!!'=

========Latest Profile==========
Energy & Asset Technology, Inc. (EGTY)
Current Price $0.15

Recognize this undiscovered gem which is poised to jump!!

Please read the following Announcement in its Entierty and
Consider the Possibilities
Watch this One to Trade!

Because, EGTY has secured the global rights to market
genetically enhanced fast growing, hard-wood trees!

EGTY trading volume is beginning to surge with landslide Announcement.
The value of this Stock appears poised for growth! This one will not
remain on the ground floor for long.

Keep Reading!!!!


-Energy and Asset Technology, Inc. (EGTY) owns a global license to market
the genetically enhanced Global Cedar growth trees, with plans to
REVOLUTIONIZE the forest-timber industry.

These newly enhanced Global Cedar trees require only 9-12 years of growth before they can
be harvested for lumber, whereas worldwide growth time for lumber is 30-50 years.

Other than growing at an astonishing rate, the Global Cedar has a number of other benefits.
Its natural elements make it resistant to termites, and the lack of oils and sap found in the wood
make it resistant to forest fire, ensuring higher returns on investments.

the wood is very lightweight and strong, lighter than Poplar and over twice
as strong as Balsa, which makes it great for construction. It also has
the unique ability to regrow itself from the stump, minimizing the land and
time to replant and develop new root systems.

Based on current resources and agreements, EGTY projects revenues of $140 Million
with an approximate profit margin of 40% for each 9-year cycle. With anticipated
growth, EGTY is expected to challenge Deltic Timber Corp. during its initial 9-year cycle.

Deltic Timber Corp. currently trades at over $38.00 a share with about $153 Million in revenues.
As the reputation and demand for the Global Cedar tree continues to grow around the world
EGTY believes additional multi-million dollar agreements will be forthcoming. The Global Cedar nursery has produced
about 100,000 infant plants and is developing a production growth target of 250,000 infant plants per month.

Energy and Asset Technology is currently in negotiations with land and business owners in New Zealand,
Greece and Malaysia regarding the purchase of their popular and profitable fast growing infant tree plants.
Inquiries from the governments of Brazil and Ecuador are also being evaluated.


The examples above show the Awesome, Earning Potential of little
known Companies That Explode onto Investor�s Radar Screens.
This stock will not be a Secret for long. Then You May Feel the Desire to Act Right
Now! And Please Watch This One Trade!!


All statements made are our express opinion only and should be treated as such.
We may own, take position and sell any securities mentioned at any time. Any statements that express or involve discussions with respect
to predictions, goals, expectations, beliefs, plans, projections, objectives, assumptions or future events or performance are
not statements of historical fact and may be "forward, looking
statements." forward, looking statements are based on expectations, estimates
and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results
or events to differ materially from those presently anticipated. This newsletter was paid $3,000 from third party (IR Marketing).
Forward,|ooking statements in this action may be identified through the use of words such as: "projects", "foresee", "expects". in compliance with Se'ction 17. {b), we disclose the holding of EGTY shares prior to the publication of this report. Be aware of an inherent conflict of interest resulting from such holdings due to our intent to profit from the liquidation of these shares. Shares may be sold at any time, even after positive statements have been made regarding the above company. Since we own shares, there is an inherent conflict of interest in our statements and opinions. Readers of this publication are cautioned not to place undue reliance on forward,looking statements, which are based on certain assumptions and expectations involving various risks and uncertainties that could cause results to
differ materially from those set forth in the forward- looking statements. This is not solicitation to buy or sell stocks, this text is
or informational purpose only and you should seek professional advice from registered financial advisor before you do anything related with buying or selling stocks, penny stocks are very high risk and you can lose your entire investment.

August 19, 2005 at 4:29 PM  
Anonymous Anonymous said...

Sometimes, these gambles pay off, but there are occasions when they fail miserably,

November 5, 2005 at 11:03 AM  
Anonymous Anonymous said...

Stock Alert - FPPL On The Rise!

November 7, 2005 at 4:34 AM  
Anonymous Rick J said...

I have been following a site now for almost 2 years and I have found it to be both reliable and profitable. They post daily and their stock trades have been beating
the indexes easily.

Take a look at


February 5, 2006 at 7:17 PM  
Anonymous Rick J said...

I have been following a site now for almost 2 years and I have found it to be both reliable and profitable. They post daily and their stock trades have been beating
the indexes easily.

Take a look at


February 6, 2006 at 10:48 AM  

Post a Comment

<< Home