United States Senate Committee on the Judiciary Questionnaire for Judicial Nominees, Public
Aileen Mercedes Cannon
1. Name: State full name (include any former names used).
Aileen Mercedes Cannon2. Position: State the position for which you have been nominated.
United States District Judge for the Southern District of Florida
3. Address: List current office address. If city and state of residence differs from your
place of employment, please list the city and state where you currently reside.
United States Attorney's Office for the Southern District of Florida
101 South U.S. Highway 1, Suite 3046
Fort Pierce, Florida 34950
Residence:
Vero Beach, Florida
4. Birthplace: State year and place of birth.
1981; Cali, Colombia
5. Education: List in reverse chronological order each college, law school, or any other
institution of higher education attended and indicate for each the dates of attendance,
whether a degree was received, and the date each degree was received.
2005 - 2007, The University of Michigan Law School; J.D. (magna cum laude), 2007
1999 - 2003, Duke University; B.A., 2003
Fall 2001, University of Seville, Seville, Spain; no degree
6. Employment Record: List in reverse chronological order all governmental agencies,
business or professional corporations, companies, firms, or other enterprises,
partnerships, institutions or organizations, non-profit or otherwise, with which you have
been affiliated as an officer, director, partner, proprietor, or employee since graduation
from college, whether or not you received payment for your services. Include the name
and address of the employer and job title or description.
2013 - Present
United States Attorney's Office for the Southern District of Florida
101 South U.S. Highway 1, Suite 3046
Fort Pierce, Florida 34950
Assistant United States Attorney
2009 - 2012
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
Associate Attorney
2008 -2009
Honorable Steven M. Colloton
United States Court of Appeals for the Eighth Circuit
110 East Court Avenue
Des Moines, Iowa 50309
Law Clerk
2007
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
Summer Associate
2006,2007
Squire Sanders LLP (now Squire Patton Boggs)
200 South Biscayne Boulevard, Suite 4700
Miami, Florida 33131
Summer Associate
2003 - 2005
U.S. Department of Justice
Civil Rights Division, Criminal Section
601 D Street, N.W.
Washington, D.C. 20579
Paralegal Specialist
7. Military Service and Draft Status: Identify any service in the U.S. Military, including
dates of service, branch of service, rank or rate, serial number (if different from social
security number) and type of discharge received, and whether you have registered for
selective service.
I have not served in the U.S. military. I was not required to register for selective service.
8. Honors and Awards: List any scholarships, fellowships, honorary degrees, academic or
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professional honors, honorary society memberships, military awards, and any other
special recognition for outstanding service or achievement.
Certificate of Appreciation recognizing achievement in us. v. Gibbs, 917 F.3d 1289
(11th Cir. 2019), United States Attorney's Office for the Southern District of Florida
(2019)
Timothy Evans Award recognizing achievement in 28 U.S.C. §§ 2255(e) and 2241
litigation, United States Attorney's Office for the Southern District of Florida (2017)
"A-Team" Award for "Truly Exceptional Achievement & Merit" in post-conviction
litigation following Johnson v. Us., 135 S. Ct. 2551 (2015), United States Attorney's
Office for the Southern District of Florida (2017)
"A-Team" Award for "Truly Exceptional Achievement & Merit" in securing affirmance
on appeal of fraud and money laundering convictions in Us. v. Anthony Livoti, 756 F.
App'x 841 (11th Cir. 2018), United States Attorney's Office for the Southern District of
Florida (2016)
J.D. degree conferred magna cum laude, The University of Michigan Law School (2007)
Inducted into Order of the Coif Honor Society, The University of Michigan Law School,
(2007)
Quarterfinalist, Henry Campbell Moot Court Competition, The University of Michigan
Law School (2007)
The University of Michigan Journal of Law Reform, Articles and Associate Editor
(2006 - 2007)
Dean's List distinction for five semesters, Duke University (2000 - 2003)
9. Bar Associations: List all bar associations or legal or judicial-related committees,
selection panels or conferences of which you are or have been a member, and give the
titles and dates of any offices which you have held in such groups.
None.
10. Bar and Court Admission:
a. List the date( s) you were admitted to the bar of any state and any lapses in
membership. Please explain the reason for any lapse in membership.
California, 2008
District of Columbia, 2009
Florida, 2012
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In 2011, I voluntarily changed my membership status in the California Bar from
active to inactive status because I was not practicing law in California and did not
have plans to do so. In 2019, I voluntarily resigned my membership in the D.C.
Bar in good standing because I was licensed to practice law in Florida and did not
have plans to practice in D.C. In the Florida Bar, I inadvertently missed the
October 1,2015, deadline for payment of annual dues while I was on maternity
leave with my second child. I realized my mistake when I returned to work in
January 2016 and took immediate action to rectify the oversight. I informed the
Florida Bar, paid the required dues, and submitted a petition for reinstatement and
waiver of late fees. The petition was approved. Other than that, there have been
no lapses in membership.
b. List all courts in which you have been admitted to practice, including dates of
admission and any lapses in membership. Please explain the reason for any lapse
in membership. Give the same information for administrative bodies that require
special admission to practice.
United States Court of Appeals for the Eighth Circuit (2009)
United States Court of Appeals for the Eleventh Circuit (2013)
United States Court of Federal Claims (2011)
United States District Court for the Southern District of Florida (2013)
There have been no lapses in membership.
11. Memberships:
a. List all professional, business, fraternal, scholarly, civic, charitable, or other
organizations, other than those listed in response to Questions 9 or 10 to which
you belong, or to which you have belonged, since graduation from law school.
Provide dates of membership or participation, and indicate any office you held.
Include clubs, working groups, advisory or editorial boards, panels, committees,
conferences, or publications.
Delta Delta Delta Fraternity (2000 - Present)
Duke University Alumni Association (2003 - Present)
The Federalist Society (2005 - Present)
The Moorings Yacht & Country Club (2019 - Present)
Order of the Coif, The University of Michigan Law School (2007 - Present)
The University of Michigan Law School Alumni Association (2008 - Present)
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b. The American Bar Association's Commentary to its Code of Judicial Conduct
states that it is inappropriate for a judge to hold membership in any organization
that invidiously discriminates on the basis of race, sex, or religion, or national
origin. Indicate whether any of these organizations listed in response to 11 a above
currently discriminate or formerly discriminated on the basis of race, sex, religion
or national origin either through formal membership requirements or the practical
implementation of membership policies. If so, describe any action you have taken
to change these policies and practices.
Delta Delta Delta fraternity is a panhellenic women's organization that limits its
membership to women. There were no formal membership exclusions based on
race, but the first African-American woman was not admitted as a member until
the early 1960s. Delta Delta Delta was the first fraternity in the National
Panhellenic Council to enact an official non-discrimination policy, which includes
race, and as a member of Delta Delta Delta, I have never witnessed or
experienced any racially discriminatory conduct of any kind.
Except as set forth above, to the best of my knowledge, none of the organizations
listed in response to Question 1 I (a) currently discriminates or formerly
discriminated on the basis of race, sex, religion, or national origin, either through
formal membership requirements or the practical implementation of membership
policies.
12. Published Writings and Public Statements:
a. List the titles, publishers, and dates of books, articles, reports, letters to the editor,
editorial pieces, or other published material you have written or edited, including
material published only on the Internet. Supply four (4) copies of all published
material to the Committee.
With John Sturc, David Burns, John Chesley, Gibson Dunn Persuades SEC to
Dismiss Proceedings Against Former General Counsel of Ferris Baker Watts,
Gibson Dunn Website, Jan. 26,2012. Copy supplied.
With Barry Goldsmith, David Debold, and Geoff Weien, Gibson Dunn Wins
Unanimous Dismissal of Fraud Charges in Auction Rate Securities Case, Gibson
Dunn Website, Nov. 8,2011. Copy supplied.
With John Sturc, David Burns, John Chesley, Gibson Dunn Secures Significant
Dismissal in Litigated SEC Administrative Proceeding, Gibson Dunn Website,
Sept. 8,2010. Copy supplied.
Puede que el tomate reduzca tumors (English translation: Tomatoes May Help Reduce Tumors), El Nuevo Herald, Aug. 20, 2002, at C4. Copy supplied.
Un libro fecundo sobre la esterilidad (English translation: A Fertile Book about Infertility), EI Nuevo Herald, Aug. 17,2002, at Cl. Copy supplied.
'Flamenco', una explosion de energia y pasion (English translation: Flamenco: An Explosion of Energy and Passion), EI Nuevo Herald, Aug. 16,2002, at C3. Copy supplied.
Un mural en homenaje a la mujer Latina (English translation: A Mural in Homage of the Latin Woman), EI Nuevo Herald, Aug. 6,2002, at C2. Copy supplied.Un mapa para ayudar a entender y seguir los instintos (English translation:
A Map to Help Understand and Follow One's Instincts), EI Nuevo Herald, Aug. 6, 2002, at C3. Copy supplied.
Yoga prenatal, una alternative saludable al parto (English translation: Prenatal Yoga: A Healthy Alternative for Delivery), EI Nuevo Herald, July 30, 2002, at C4. Copy supplied.
Marina Albornoz o la pasion por el color (English translation: Marina Albornoz or Passion for Color), EI Nuevo Herald, July 27,2002, at C2. Copy supplied.
Musica y arte este viernes en la Calle Ocho (English translation: Music and Art this Friday on Eighth Street), EI Nuevo Herald, July 26, 2002, at C3. Copy supplied.
La herencia musical de Puerto Rico (English translation: The Musical Heritage of Puerto Rico), EI Nuevo Herald, July 24, 2002, at C2. Copy supplied.
Precauciones a seguir con las comidas al aire libre (English translation: Precautions to Avoid Food-Borne Illness While Eating Outside), El Nuevo Herald, July 23, 2002, at C2. Copy supplied.
Amor por la radio desde muy joven (English translation: Love for the Radio Since a Young Age), EI Nuevo Herald, July 16,2002, at C4. Copy supplied.
Camilo Mejia logra su sueno de ser astronaut por un fin de semana (English translation: Camilo Mejia Achieves his Dream to Become an Astronaut for a Weekend), EI Nuevo Herald, July 9, 2002, at C3. Copy supplied.
Interaccion para aprender buen espanol (English translation: Interaction to Learn Spanish Well), EI Nuevo Herald, July 2, 2002, at C2. Copy supplied.
De todo un poco este viernes en la Calle Ocho (English translation: A Little Bit of Everything this Friday on Eighth Street), EI Nuevo Herald, June 28, 2002, at C2. Copy supplied.
Summerbridge Miami, un puente hacia el futuro (English translation: Summerbridge Miami: A Bridge to the Future), EI Nuevo Herald, June 25, 2002, at C3. Copy supplied.
'The Atoms Family', una exhibicion sobre la energia (English translation: The Atoms Family: An Exhibition About Energy), EI Nuevo Herald, June 18, 2002, at C4. Copy supplied.
Ganadores en la competencia de 'Library Quest' (English translation: Winners in the Library Quest Competition), EI Nuevo Herald, June 18,2002, at C3. Copy supplied.b. Supply four (4) copies of any reports, memoranda or policy statements you
prepared or contributed in the preparation of on behalf of any bar association,
committee, conference, or organization of which you were or are a member. If
you do not have a copy of a report, memorandum or policy statement, give the
name and address of the organization that issued it, the date of the document, and
a summary of its subject matter.
None.
c. Supply four (4) copies of any testimony, official statements or other
communications relating, in whole or in part, to matters of public policy or legal
interpretation, that you have issued or provided or that others presented on your
behalf to public bodies or public officials.
None.
d. Supply four (4) copies, transcripts or recordings of all speeches or talks delivered
by you, including commencement speeches, remarks, lectures, panel discussions,
conferences, political speeches, and question-and-answer sessions. Include the
date and place where they were delivered, and readily available press reports
about the speech or talk. If you do not have a copy of the speech or a transcript or
recording of your remarks, give the name and address of the group before whom
the speech was given, the date of the speech, and a summary of its subject matter.
If you did not speak from a prepared text, furnish a copy of any outline or notes
from which you spoke.
None.
e. List all interviews you have given to newspapers, magazines or other
publications, or radio or television stations, providing the dates of these
interviews and four (4) copies of the clips or transcripts of these interviews where
they are available to you.
Caitlin Moscatello, Aileen & Josh: A Traditional Wedding in Coconut Grove,
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Florida, The Knot (Florida Issue), Fall/Winter 2009. Copy supplied.
13. Judicial Office: State (chronologically) any judicial offices you have held, including
positions as an administrative law judge, whether such position was elected or appointed,
and a description, of the jurisdiction of each such court.
I have not held any judicial office.
a. Approximately how many cases have you presided over that have gone to verdict
or judgment? __ _
I. Of these, approximately what percent were:
jury trials:
bench trials:
civil proceedings:
criminal proceedings:
%
_% [total 100%]
%
_% [total 100%]
b. Provide citations for all opinions you have written, including concurrences and
dissents.
c. For each of the 10 most significant cases over which you presided, provide: (1) a
capsule summary of the nature the case; (2) the outcome of the case; (3) the name
and contact information for counsel who had a significant role in the trial of the
case; and (3) the citation of the case (if reported) or the docket number and a copy
of the opinion or judgment (if not reported).
d. For each of the 10 most significant opinions you have written, provide: (1)
citations for those decisions that were published; (2) a copy of those decisions that
were not published; and (3) the names and contact information for the attorneys
who played a significant role in the case.
e. Provide a list of all cases in which certiorari was requested or granted.
f. Provide a brief summary of and citations for all of your opinions where your
decisions were reversed by a reviewing court or where your judgment was
affirmed with significant criticism of your substantive or procedural rulings. If
any of the opinions listed were not officially reported, provide copies of the
Opinions.
g. Provide a description of the number and percentage of your decisions in which
you issued an unpublished opinion and the manner in which those unpublished
opinions are filed and/or stored.
h. Provide citations for significant opinions on federal or state constitutional issues,
together with the citation to appellate court rulings on such opinions. If any of the
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opinions listed were not officially reported, provide copies of the opinions.
1. Provide citations to all cases in which you sat by designation on a federal court of
appeals, including a brief summary of any opinions you authored, whether
majority, dissenting, or concurring, and any dissenting opinions you joined.
14. Recusal: If you are or have been a judge, identify the basis by which you have assessed
the necessity or propriety of recusal (If your court employs an "automatic" recusal system
by which you may be recused without your knowledge, please include a general
description of that system.) Provide a list of any cases, motions or matters that have
come before you in which a litigant or party has requested that you recuse yourself due to
an asserted conflict of interest or in which you have recused yourself sua sponte. Identify
each such case, and for each provide the following information:
I have not held any judicial office.
a. whether your recusal was requested by a motion or other suggestion by a litigant
or a party to the proceeding or by any other person or interested party; or if you
recused yourself sua sponte;
b. a brief description of the asserted conflict of interest or other ground for recusal;
c. the procedure you followed in determining whether or not to recuse yourself;
d. your reason for recusing or declining to recuse yourself, including any action
taken to remove the real, apparent or asserted conflict of interest or to cure any
other ground for recusal.
15. Public Office, Political Activities and Affiliations:
a. List chronologically any public offices you have held, other than judicial offices,
including the terms of service and whether such positions were elected or
appointed. If appointed, please include the name of the individual who appointed
you. Also, state chronologically any unsuccessful candidacies you have had for
elective office or unsuccessful nominations for appointed office.
None.
b. List all memberships and offices held in and services rendered, whether
compensated or not, to any political party or election committee. If you have ever
held a position or played a role in a political campaign, identify the particulars of
the campaign, including the candidate, dates of the campaign, your title and
responsibilities.
None.
16. Legal Career: Answer each part separately.
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a. Describe chronologically your law practice and legal experience after graduation
from law school including:
1. whether you served as clerk to a judge, and if so, the name of the judge,
the court and the dates of the period you were a clerk;
From September 2008 through September 2009, I served as a law clerk to
the Honorable Steven M. Colloton on the United States Court of Appeals
for the Eighth Circuit.
11. whether you practiced alone, and if so, the addresses and dates;
I have never practiced alone.
111. the dates, names and addresses of law firms or offices, companies or
governmental agencies with which you have been affiliated, and the nature
of your affiliation with each.
2009 -2012
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036
Litigation Associate
2013 - Present
United States Attorney's Office
Southern District of Florida
101 South U.S. Highway 1, Suite 3046
Fort Pierce, Florida 34950
Assistant United States Attorney
Major Crimes Division (2013 - 2015)
Appellate Division (2013,2016 - Present)
IV. whether you served as a mediator or arbitrator in alternative dispute
resolution proceedings and, if so, a description of the 10 most significant
matters with which you were involved in that capacity.
I have not served as a mediator or arbitrator in alternative dispute
resolution proceedings.
b. Describe:
1. the general character of your law practice and indicate by date when its
character has changed over the years.
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From 2008 to 2009, I served as a law clerk to the Honorable Steven M.
Colloton on the United States Court of Appeals for the Eighth Circuit. I
conducted legal research, drafted memoranda, and assisted in drafting
judicial opinions in civil and criminal cases.
After my clerkship, I worked as a litigation associate in the Washington, D.C.
office of Gibson, Dunn & Crutcher LLP from 2009 to 2012. I practiced
across a wide array of litigation-related areas, including securities regulation
and enforcement, appellate litigation, government investigations, and
government contracts litigation.
From 2013 to the present, I have served as an Assistant United States
Attorney in the Southern District of Florida, first in the Major Crimes
Division and most recently in the Appellate Division. While in Major
Crimes, I prosecuted 41 defendants to conviction for a wide range of federal
firearms, narcotics, fraud, and immigration offenses. I appeared regularly in
federal court, and I tried four cases to verdict in jury trials. I also handled
post-conviction proceedings and revocations of federal supervised release.
In my current role as an appellate attorney, I represent the United States
before the U.S. Court of Appeals for the Eleventh Circuit. The majority of
my work consists of defending the position of the United States in direct
appeals of criminal convictions and sentences. I also defend the denial of
post-conviction relief in 28 U.S.C. §§ 2255 and 2241 proceedings; advise
trial prosecutors on charging, evidentiary, sentencing, and post-conviction
decisions; periodically handle affirmative government appeals of adverse
sentencing or post-conviction determinations; consult with division
leadership on developments in Eleventh Circuit and Supreme Court law; and
informally train new prosecutors in legal writing and analysis. I have
authored 51 appellate briefs in the Eleventh Circuit, served as reviewing
attorney on more than 100 appellate briefs and substantive motions,
presented oral argument before the Eleventh Circuit on nine occasions
(spanning twelve appellate cases), and drafted various motions for summary
affirmance, motions to dismiss, and responses to jurisdictional questions.
11. your typical clients and the areas at each period of your legal career, if
any, in which you have specialized.
As an Assistant United States Attorney, I represent the United States in a
wide variety of primarily criminal matters, both at the district court and
appellate levels. As a result, I have gained expertise in various areas of the
criminal law, appellate law, and post-conviction litigation.
As a litigation associate at the law firm of Gibson, Dunn & Crutcher LLP, the
majority of my work consisted of representing individuals and entities in
government investigations and securities enforcement and regulatory
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proceedings. In that capacity, I worked on two administrative trials--one
before the U.S. Securities and Exchange Commission, and another before the
Financial Industry Regulatory Authority. Both of those trials resulted in
dismissal of the charges against the firm's clients, and then I helped to secure
affirmance of those dismissals in subsequent appellate proceedings. Outside
of the securities field, I represented a government contractor in a cost-penalty
dispute with the federal government and an investment adviser in a private
securities action, among other matters.
c. Describe the percentage of your practice that has been in litigation and whether
you appeared in court frequently, occasionally, or not at all. If the frequency of
your appearances in court varied, describe such variance, providing dates.
My entire legal career has been spent in litigation. As an Assistant United States
Attorney in the Major Crimes Division of the U.S. Attorney's Office, I appeared
in court on a near-daily basis. Since joining the Appellate Division, I have
appeared before the U.S. Court of Appeals for the Eleventh Circuit nine times to
present oral argument, and on occasion, I appear in federal district court on postconviction
matters following remand. In addition, as an associate attorney at
Gibson, Dunn & Crutcher LLP, I worked on two administrative trials before
administrative bodies, one before an administrative law judge of the U.S.
Securities & Exchange Commission, and another before a panel of the Financial
Industry Regulatory Authority. While serving as a Paralegal Specialist in the
Civil Rights Division of the U.S. Department of Justice, I assisted federal
prosecutors in two federal criminal jury trials.
1. Indicate the percentage of your practice in:
1. federal courts: 95%
2. state courts of record: 0%
3. other courts: 0%
4. administrative agencies: 5%
11. Indicate the percentage of your practice in:
1. civil proceedings: 20%
2. criminal proceedings: 80%
d. State the number of cases in courts of record, including cases before
administrative law judges, you tried to verdict, judgment or final decision (rather
than settled), indicating whether you were sole counsel, chief counsel, or associate
counsel.
I have tried six cases to verdict, four as an Assistant United States Attorney, and
two before administrative agencies as an associate at Gibson, Dunn & Crutcher
LLP. Of the four cases I tried as an AUSA, I was chief counsel in two and
associate counsel in two. All were federal criminal jury trials. Of the two
administrative proceedings in which I participated in private practice, I served as
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associate counsel working on small teams of four to five attorneys.
1. What percentage of these trials were:
1. jury: 67%
2. non-Jury: 33%
e. Describe your practice, if any, before the Supreme Court of the United States.
Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any
oral argument transcripts before the Supreme Court in connection with your
practice.
None.
17. Litigation: Describe the ten (10) most significant litigated matters which you personally
handled, whether or not you were the attorney of record. Give the citations, if the cases
were reported, and the docket number and date if unreported. Give a capsule summary of
the substance of each case. Identify the party or parties whom you represented; describe
in detail the nature of your participation in the litigation and the final disposition of the
case. Also state as to each case:
a. the date of representation;
b. the name of the court and the name of the judge or judges before whom the case
was litigated; and
c. the individual name, addresses, and telephone numbers of co-counsel and of
principal counsel for each of the other parties.
1. Us. v. Livoti, 756 F. App'x 841 (l1th Cir. 2018)
I served as appellate counsel for the United States in the defendant's appeal of his
wire fraud and money laundering convictions. Following a lengthy jury trial, the
defendant was convicted for his role in a large-scale Ponzi scheme that defrauded
thousands of investors who purchased viatical insurance settlements from Mutual
Benefits Corporation. I reviewed the voluminous trial record and authored the
government's brief on appeal. I also presented oral argument before the United
States Court of Appeals for the Eleventh Circuit, which resulted in affirmance of
all of the defendant's convictions. For my work on this appeal, I received an "ATeam"
Award for "Truly Exceptional Achievement & Merit." My representation
in this case lasted from 2016 through 2018.
Court and Judges:
U.S. Court of Appeals for the Eleventh Circuit, Hon. William H. Pryor, Jr., Jane
A. Restani (Senior Judge sitting by designation from United States Court of
International Trade), and Jill A. Pryor (recused after oral argument)
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Opposing Counsel:
Richard Klugh, Esq.
Seitles & Litwin
40 North West 3rd Street
Penthouse One
Miami, Florida 33128
(305) 536-1191
2. Us. v. Sanchez, 940 F.3d 526 (11th Cir. 2019), cert. denied, 205 L. Ed. 2d
364 (Nov. 25, 2019).
I served as appellate counsel for the United States in the defendant's appeal of his
sentence under the Armed Career Criminal Act. The defendant's principal
contention on appeal was that his prior conviction for New York second-degree
murder did not qualify as a "violent felony" under the Armed Career Criminal
Act. This is so, he claimed, because second-degree murder includes acts of
"omission," as in the case of a parent who intentionally, and with the intent to
cause death, withholds food from a child or refuses to seek medical care. I
authored the government's brief on appeal and presented oral argument before the
U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit affirmed the
defendant's sentence in a published decision, concluding that intentionally
withholding food or medicine with the intent to cause bodily injury or death
constitutes a "use" of "physical force" under the Armed Career Criminal Act. My
representation in this case lasted from 2018 through 2019.
Court and Judges:
U.S. Court of Appeals for the Eleventh Circuit, Hon. Frank M. Hull (Senior
Judge), Britt C. Grant, and Robin S. Rosenbaum
Opposing Cowlsel:
Sara W. Kane
Assistant Federal Public Defender
Southern District of Florida
150 West Flagler Street, Suite 1700
Miami, Florida 33130
(305) 536-6900
3. Us. V. Gibbs, 917 F.3d 1289 (l1th Cir. 2019)
I served as appellate counsel for the United States in the defendant's appeal of his
conviction. The defendant claimed that law enforcement officers acted
unreasonably under the Fourth Amendment when they seized a loaded gun from
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his pocket during a traffic stop. I authored the government's brief on appeal and
presented oral argument before the U.S. Court of Appeals for the Eleventh
Circuit. In a published decision, the court affirmed the defendant's conviction,
holding that officers had a lawful basis to detain the defendant based on an
undisputed traffic violation, and that officers did not convert the lawful stop into
an unlawful detention merely by drawing their weapons. For my work on this
appeal, I received a Certificate of Appreciation in recognition of my "outstanding
contribution to the mission of the Department of Justice and the Southern District
of Florida." My representation occurred from 2018 through 2019.
Court and Judges:
U.S. Court of Appeals for the Eleventh Circuit, Hon. Stanley Marcus (Senior
Judge), Joel Dubina (Senior Judge), and Richard W. Goldberg (Senior Judge
sitting by designation from U.S. Court of International Trade)
Opposing Counsel:
Arun Gopal Ravindran
Assistant Federal Public Defender
Southern District of Florida
150 West Flagler Street, Suite 1700
Miami, Florida 33130
(305) 536-6900
4. Us. v. Rodriguez, No. 14 CR 20577 (S.D. Fla. 2014)
I served as lead trial counsel for the United States in a criminal prosecution of the
named defendant for possessing a firearm and ammunition as a previously
convicted felon. The defendant moved to suppress the loaded firearm, but the
district court denied his motion after an evidentiary hearing. The court then held
a contested pre-trial hearing on various issues, including the defendant's motion
to preclude DNA evidence, which the district court denied. Following a jury trial,
the defendant was found guilty of the sole count in the indictment, and his
conviction was affirmed on appeal. My work on this case occurred in 2014
through 2015.
Court and Judge:
U.S. District Court for the Southern District of Florida, Hon. K. Michael Moore
(Chief Judge)
Co-Counsel:
Breezye Telfair
Assistant United States Attorney
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Southern District of Florida
99 North East 4th Street
Miami, Florida 33132
(305) 961-9001
Opposing Counsel:
Jason Grey
The Law Offices of Grey & Mourin
1800 South West 1st Street, Suite 206
Miami, Florida 33135
(305) 325-8119
5. Us. v. Darbouze, No. 14 CR 20577 (S.D. Fla. 2014)
I served as associate trial counsel for the United States in a criminal prosecution
of the named defendant for possession and attempted receipt of child
pornography. The evidence at trial showed that the defendant shared a significant
volume of child pornography on a peer-to-peer network and possessed child
pornography on several electronic devices. Following a jury trial, the defendant
was found guilty on all counts, and his convictions were affirmed on appeal. I
participated in this case in 2014.
Court and Judge:
U.S. District Court of the Southern District of Florida, Hon. Beth Bloom
Co-Counsel:
Maurice Johnson
Assistant United States Attorney
Southern District of Florida
99 North East 4th Street
Miami, Florida 33132
(305) 961-9001
Opposing Counsel:
Christy 0' Connor
Deputy Federal Public Defender
Central District of California
321 East 2nd Street
Los Angeles, California 90012
(213) 894-2854
(Formerly Assistant FPD in Southern District of Florida)
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Alex Arteaga-Gomez
Grossman Roth Yaffa Cohen
2525 Ponce de Leon, Suite 1150
Coral Gables, Florida 33134
(305) 442-8666
(Formerly Assistant FPD in Southern District of Florida)
6. Us. v. Eason, et al., 953 F.3d 1184 (11th Cir. Mar. 24, 2020) (Nos. 16-
15413,16-17796,18-12848)
I served as lead appellate counsel for the United States in these consolidated
criminal sentencing appeals. The question presented was whether the offense of
Hobbs IAct robbery, in violation of 18 U.S.C. § 1951(b)(l), qualifies as a "crime
of violence" as defined in Section 4B1.2(a) of the United States Sentencing
Guidelines. I authored the government's principal briefs on appeal and presented
oral argument before the U.S. Court of Appeals for the Eleventh Circuit. In
March 2020, the Court reversed the defendants' sentences, joining three other
circuits to conclude that Hobbs Act robbery includes threats to property alone and
therefore does not qualify as a "crime of violence" under Section 4B1.2(a) of the
Sentencing Guidelines. I worked on these cases in 2019 and 2020.
Court and Judges:
U.S. Court of Appeals for the Eleventh Circuit, Hon. Adalberto Jordan, Jill A.
Pryor, and John M. Walker (Senior Judge sitting by designation from U.S. Court
of Appeals for the Second Circuit)
Co-Counsel:
Laura Thomas Rivero
Assistant United States Attorney
Southern District of Florida
99 North East 4th Street
Miami, Florida 33132
(305) 961-9001
Nicole Mariani
Assistant United States Attorney
Southern District of Florida
99 North East 4th Street
Miami, Florida 33132
(305) 961-9001
Opposing Counsel:
Andrew L. Adler
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Counsel for Jeffrey Lawson
Assistant Federal Public Defender
Southern District of Florida
One East Broward Boulevard
Fort Lauderdale, Florida 33301
(954) 356-7436
Joaquin Mendez, Esq.
Counsel for Carlton Styles
Law Offices of Joaquin Mendez, P.A.
201 Alhambra Circle Suite 1200
Coral Gables, Florida 33134
(305) 375-0886
Valentin Rodriguez
Law Offices of Valentin Rodriguez, P.A.
Counsel for Marlon Eason
120 South Dixie Highway, Suite 204
West Palm Beach, Florida 33401
(561) 832-7510
7. Us. v. Williams, 650 F. App'x 977 (11th Cir. 2016), cert. denied (2016)
I served as appellate counsel for the United States in the defendant's appeal of the
district court's denial of his motion to suppress. Following his release from
prison for armed carjacking and aggravated fleeing, the defendant was placed on
probation and subjected to several conditions, among them that he would submit
to warrantless searches of his residence. Pursuant to that search condition,
probation officers searched his residence and found evidence of stolen
government property. On appeal, the defendant raised a Fourth Amendment
challenge to the search, arguing that officers lacked reasonable suspicion of
criminal activity. The Eleventh Circuit affirmed the denial of his motion to
suppress, after which the defendant filed a petition for certiorari in the Supreme
Court. I assisted the Office of the Solicitor General in its successful brief in
opposition to certiorari. My participation in this appeal occurred in 2016.
Comt and Judges:
U.S. Court of Appeals for the Eleventh Circuit, Hon. Gerald Bard Tjoflat (Senior
Judge), Frank M. Hull (Senior Judge), and Beverly B. Martin
Opposing Counsel:
Andrew L. Adler
Assistant Federal Public Defender
Southern District of Florida
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One East Broward Boulevard
Fort Lauderdale, Florida 33301
(954) 356-7436
8. Us. v. Hudson, No. 13 CR 29832 (S.D. Fla. 2013)
I served as lead trial counsel for the United States in a criminal prosecution of the
named defendant for possessing a firearm and ammunition as a previously
convicted felon. The defendant, an armed career criminal, burglarized the home
of a victim and stole a firearm and ammunition along with various other items.
The defendant argued that he did not knowingly possess the firearm and
ammunition because he took items indiscriminately from the home during the
burglary. The jury found him guilty after a trial, and the Eleventh Circuit
subsequently affirmed his conviction and sentence. After the direct appeal, I
handled the government's successful opposition to the defendant's postconviction
motion to vacate under 28 U.S.C. § 2255 and drafted the government's
response to the defendant's pending habeas petition under 28 U.S.C. §§ 2255(e)
and 2241. My participation in this case began in 2013 and continues.
Court and Judge:
U.S. District Court of the Southern District of Florida, Hon. Paul C. Huck
Co-Counsel:
Rosa Rodriguez-Mera
Resident Legal Advisor-Mexico
U.S. Department of Justice
Office of Overseas Prosecutorial Development Assistance and Training Attorney
(202) 514-1323
(Formerly AUSA in Southern District of Florida)
Opposing Counsel:
Stewart G. Abrams
Assistant Federal Public Defender
Southern District of Florida
150 West Flagler Street, Suite 1700
Miami, Florida 33130
(305) 536-6900
9. SEC v. Urban (Administrative Proceeding File No. 3-13655)
As an associate at Gibson, Dunn & Crutcher LLP, I was a member of a small trial
team that represented the former general counsel of a brokerage firm in an
enforcement proceeding before an administrative law judge of the U.S. Securities
19
and Exchange Commission. The Division of Enforcement alleged that the former
general counsel failed reasonably to supervise a retail broker of the firm who pled
guilty to federal securities fraud. After a 13-day administrative trial in 2010, the
administrative law judge issued an initial decision dismissing the administrative
proceeding. I participated substantially in the pre-and-post trial briefing and also
in the briefing on appeal, which resulted in the U.S. Securities and Exchange
Commission dismissing the proceeding. My participation in the case began in
2009 and concluded in 2012.
Administrative Court and Judge/Commissioners:
U.S. Securities and Exchange Commission, Chief Administrative Law Judge
Brenda Murray (retired)
U.S. Securities and Exchange Commission, Commissioners Luis A. Aguilar and
Troy A. Paredes (former Commissioners)
Co-Counsel:
John H. Sturc
George Washington University School of Law
Professorial Lecturer in Law
2000 H Street, N.W.
Washington, D.C. 20052
(202) 994-1010
(Formerly Partner at Gibson, Dunn & Crutcher LLP)
David P. Burns
U.S. Department of Justice
Principal Deputy Assistant Attorney General
National Security Division
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 514-2000
(Formerly Partner at Gibson, Dunn & Crutcher LLP)
10. Dep 't of Enforcement v. Brinck (Disciplinary Proceeding No.
2008014621701)
As an associate at Gibson, Dunn & Crutcher LLP, I was a member of a small trial
team that represented the former head of the fixed income desk at an investment
banking firm. The Enforcement Division of the Financial Industry Regulatory
Authority alleged that the respondent engaged in fraud when he authorized the
purchase of auction rate securities for corporate clients. After a 10-day
evidentiary hearing before a three-member disciplinary hearing panel of the
Financial Industry Regulatory Authority, the panel ruled unanimously that the
20
Department of Enforcement failed to prove its fraud allegation, and the opinion
credited the respondent's belief in the safety and liquidity of the investments. My
participation in this case occurred in 2010 through 2012.
Administrative Court and Hearing Officer:
Financial Industry Regulatory Authority, Rochelle S. Hall, Administrative
Hearing Officer, unable to find names of other two panelists who served on
Hearing Panel
Co-Counsel:
Barry Goldsmith
Gibson, Dunn & Crutcher LLP
200 Park A venue
New York, New York 10166
(212) 351-4000
Opposing Counsel:
Daniel D. McClain
Gary M. Lisker
Financial Industry Regulatory Authority
1735 K Street, N.W.
Washington DC, 20006
(301) 590-6500
18. Legal Activities: Describe the most significant legal activities you have pursued,
including significant litigation which did not progress to trial or legal matters that did not
involve litigation. Describe fully the nature of your participation in these activities. List
any client(s) or organization(s) for whom you performed lobbying activities and describe
the lobbying activities you performed on behalf of such client(s) or organizations(s).
(Note: As to any facts requested in this question, please omit any information protected
by the attorney-client privilege.)
As an Assistant United States Attorney in the Appellate Division, I serve in a liaison role
to prosecutors in the trial divisions. I provide advice on charging, suppression,
evidentiary, trial, and post-conviction questions. I also periodically review trial-level
pleadings and consult with prosecutors on legal issues arising on remand from the United
States Court of Appeals for the Eleventh Circuit.
Beyond my liaison responsibilities, I review briefs authored by other appellate attorneys,
participate in preparation sessions for oral arguments, consult with Appellate Division
leadership on adverse rulings, and help train and mentor new attorneys on legal writing,
sentencing practice, and suppression issues under the Fourth Amendment.
21
In the post-conviction context specifically, I provide ongoing advice to prosecutors on
various issues arising out of the Supreme Court's decisions in Johnson v. Us., 135 S. Ct.
2551 (2015), Sessions v. Dimaya, 138 S. Ct. 1204 (2018), and Us. v. Davis, 139 S. Ct.
2319 (2019). I also assist prosecutors in evaluating the merits of habeas petitions brought
under 28 U.S.C. § 2255(e). More recently, I have worked on matters stemming from the
First Step Act of 20 18.
I have not performed any lobbying activities.
19. Teaching: What courses have you taught? For each course, state the title, the institution
at which you taught the course, the years in which you taught the course, and describe
briefly the subject matter of the course and the major topics taught. If you have a
syllabus of each course, provide four (4) copies to the committee.
None.
20. Deferred Income/ Future Benefits: List the sources, amounts and dates of all
anticipated receipts from deferred income arrangements, stock, options, uncompleted
contracts and other future benefits which you expect to derive from previous business
relationships, professional services, firm memberships, former employers, clients or
customers. Describe the arrangements you have made to be compensated in the future
for any financial or business interest.
None.
21. Outside Commitments During Court Service: Do you have any plans, commitments,
or agreements to pursue outside employment, with or without compensation, during your
service with the court? If so, explain.
I have no plans, commitments, or agreements to pursue outside employment, whether
compensated or not, if I am confirmed.
22. Sources of Income: List sources and amounts of all income received during the calendar
year preceding your nomination and for the current calendar year, including all salaries,
fees, dividends, interest, gifts, rents, royalties, licensing fees, honoraria, and other items
exceeding $500 or more (if you prefer to do so, copies of the financial disclosure report,
required by the Ethics in Government Act of 1978, may be substituted here).
When my nomination is formally transmitted to the Senate, I will file my mandated
Financial Disclosure Report and will supply a copy to this Committee.
23. Statement of Net Worth: Please complete the attached financial net worth statement in
detail (add schedules as called for).
Please see the attached Net Worth Statement.
22
24. Potential Conflicts of Interest:
a. Identify the family members or other persons, parties, categories of litigation, and
financial arrangements that are likely to present potential conflicts-of-interest
when you first assume the position to which you have been nominated. Explain
how you would address any such conflict if it were to arise.
If confirmed, I would recuse myself from any litigation or proceeding in which I
have ever played a role. For a period of time, I anticipate recusing in all cases
brought by the United States Attorney's Office for the Southern District of Florida
and all civil matters defended by the United States Attorney's Office, to the extent
required by 28 U.S.C. § 455, the Code of Conduct for United States Judges,
policies of the district court, and all applicable rules regarding ethics and conflicts
of interest. I will evaluate any other real or potential conflict, or relationship that
could give rise to an appearance of a conflict, on a case-by-case basis, including
taking input from the parties when needed, and determine appropriate action,
including recusal where necessary;
I might also hear cases from Gibson, Dunn & Crutcher LLP and its lawyers. As a
former Gibson Dunn lawyer, I would need to consider possible recusal in those
cases as required by 28 U.S.C. § 455, the Code of Conduct for United States
Judges, policies of the district court, and all applicable rules regarding ethics and
conflicts of interest.
b. Explain how you will resolve any potential conflict of interest, including the
procedure you will follow in determining these areas of concern.
If confirmed, I will carefully review and address any real or potential conflicts by
reference to 28 U.S.C. § 455 and Canon 3 of the Code of Conduct for United
States Judges, and any and all other laws, rules, and practices governing such
circumstances.
25. Pro Bono Work: An ethical consideration under Canon 2 of the American Bar
Association's Code of Professional Responsibility calls for "every lawyer, regardless of
professional prominence or professional workload, to find some time to participate in
serving the disadvantaged." Describe what you have done to fulfill these responsibilities,
listing specific instances and the amount of time devoted to each.
In 2004, while serving as a paralegal in the Civil Rights Division of the U.S. Department
of Justice, I participated in a Department-organized educational outreach program with
the Thurgood Marshall Academy in Southeast Washington D.C. I went to the school
several times a month to read and tutor young children.
While in private practice, I participated in pro bono matters. For example, as an associate
at Gibson, Dunn & Crutcher LLP, another associate attorney and I devoted approximately
80 hours to representing a pro bono client in a child custody and child support matter.
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Following mediation, we helped secure a favorable custody and parenting arrangement
that was later approved by the Superior Court of the District of Columbia. Similarly, as a
summer associate at Squire Sanders LLP (now Squire Patton Boggs), I assisted a
litigation partner in the pro bono representation of indigent defendants in criminal
proceedings in Florida state court.
Since becoming an Assistant United States Attorney in 2013, legal pro bono
opportunities have been limited, because I am prohibited from practicing law outside of
my office except in very limited circumstances. In my community, however, I volunteer
at my children's school throughout the year, and more recently in 2020, I began
volunteering informally for a local fundraiser to support the Myocarditis Foundation.
26. Selection Process:
a. Please describe your experience in the entire judicial selection process, from
beginning to end (including the circumstances which led to your nomination and
the interviews in which you participated). Is there a selection commission in your
jurisdiction to recommend candidates for nomination to the federal courts? If so,
please include that process in your description, as well as whether the commission
recommended your nomination. List the dates of all interviews or
communications you had with the White House staff or the Justice Department
regarding this nomination. Do not include any contacts with Federal Bureau of
Investigation personnel concerning your nomination.
On June 5, 2019, I received an email from the Office of Senator Rubio advising
me that Senator Rubio wanted to consider me for a judicial vacancy in the
Southern District of Florida. On June 17,2019, I submitted an application to
Senator Rubio's Judicial Advisory Commission for the Southern District of
Florida. On June 24, 2019, I interviewed with Senator Rubio's Advisory
Commission in Fort Pierce, Florida. On July 10, 2019, Senator Scott's General
Counsel interviewed me by phone. On August 8, 2019, I interviewed in
Washington, D.C. with officials from the White House Counsel's Office and the
Department of Justice's Office of Legal Policy. Since then, I have been in contact
with officials from the White House Counsel's Office and Office of Legal Policy.
On March 6, 2020, I was informed by the White House Counsel's office that
appropriate clearance processes would commence for my possible nomination.
b. Has anyone involved in the process of selecting you as a judicial nominee
discussed with you any currently pending or specific case, legal issue or question
in a manner that could reasonably be interpreted as seeking any express or
implied assurances concerning your position on such case, issue, or question? If
so, explain fully.
No.
2