Harry Pregerson

An en banc panel of the Ninth Circuit dropped one-liners, harsh mockery, and severe realkeeping for a little over an hour, and it’s entirely watchable because it’s so damn funny.

A federal prosecutor in California inserted a “fact” into his rebuttal that wasn’t in the record.

Overzealous prosecutor lies to get a conviction? To channel Ralph Wiggum, “that’s unpossible.” Now I can take off my old defense lawyer hat.

After the trial judge responded to these charges by shrugging his shoulders, the case wound its way to an en banc hearing of the Ninth Circuit, where a bevy of judges (including Chief Judge Alex Kozinski) rips into the government for sandbagging the defense out of a fair trial.

And it’s all on video….

double red triangle arrows Continue reading “Who Wants To Watch a Prosecutor Get Benchslapped En Banc?”

Chief Judge Alex Kozinski (sans robe).

Immigration is a hot topic these days. It was the subject of a recent Supreme Court case, Chamber of Commerce v. Whiting (a rare loss for the Chamber, which fares well at SCOTUS). It’s getting implicated in the LGBT rights movement, as gay and lesbian binational couples fight deportations caused by the Defense of Marriage Act. And as Election 2012 gets underway, we’ll surely be hearing more about immigration in the weeks and months ahead.

As the immigration debate continues, let’s keep in mind the important contributions made to our nation by immigrants. For example, one of our most distinguished federal judges — Chief Judge Alex Kozinski, of U.S. Court of Appeals for the Ninth Circuit — is an immigrant. He was born in Bucharest, Romania, in 1950, and he immigrated to the United States with his family in 1962, at the age of 12.

Chief Judge Kozinski recently sent me a great story relating to his naturalization, which I will now share with you (with His Honor’s permission)….

double red triangle arrows Continue reading “Citizen Kozinski: A Cool Coincidence, and an Inspiring Story”

Orin Kerr Orin S Kerr professor Above the Law.jpgDouglas Berman Douglas A Berman Doug Berman professor Above the Law.jpgIt is SO ON.
More on Judge Pregerson’s Opinion in Carrington v. United States [Volokh Conspiracy]
More Kerr on Carrington and mandate recall discretion [Sentencing Law and Policy]
Distinguishing finality interests between convictions and sentences [Sentencing Law and Policy]
Earlier: Sentencing Law Smackdown: Berman v. Kerr?
Judge Harry Pregerson Is Cruisin’ for a Bruisin’


Orin Kerr Orin S Kerr professor Above the Law.jpgDouglas Berman Douglas A Berman Doug Berman professor Above the Law.jpgOn Wednesday, Professor Orin Kerr sarcastically mocked — and also analytically attacked — the Ninth Circuit’s recent decision in Carrington v. United States (PDF). In an opinion by liberal stalwart Harry Pregerson, the court authorized resentencing in two cases from the Mesozoic Era the 1990’s. We wrote about the decision here.
We expressed interest in hearing what sentencing guru Doug Berman would have to say about the case. And now Professor Berman has kindly obliged, in a quasi-snarky post that asks, What’s wrong with equitable Booker retroactivity in the Ninth Circuit?
Consider the gauntlet thrown down. Professors Berman and Kerr are two of the biggest crim-law bloggers around. And they kinda look alike, too. (See photos — Professor Berman at right, Professor Kerr at far right.)
Will Professor Kerr take up Professor Berman’s challenge? Might we have a blogospheric battle of the titans on our hands?
(To be sure, you have to be a bit of a sentencing law geek to appreciate this. If you are, then you might also enjoy this post by Professor Berman, Proof the guidelines are reasonable — a riff on our recent post about Justice Breyer writing the U.S. Sentencing Guidelines on Professor Charles Fried’s dining room table.)
Carrington v. United States [Volokh Conspiracy]
What’s wrong with equitable Booker retroactivity in the Ninth Circuit? [Sentencing Law and Policy]
Carrington v. United States (PDF) [Ninth Circuit via How Appealing]
Earlier: Judge Harry Pregerson Is Cruisin’ for a Bruisin’

Harry Pregerson Judge Harry Pregerson Above the Law.jpgOr at least a big benchslap upside the head, courtesy of the Supreme Court. Per Orin Kerr:

A lot of people have talked about the Supreme Court’s small docket; Judge Harry Pregerson of the Ninth Circuit is actually doing something about it. He handed down an opinion today in Carrington v. United States that has “Destination: One First Street” written all over it.

Read the rest of Professor Kerr’s devastating critique here. Howard Bashman also doesn’t think highly of the opinion.
Professor Kerr concludes by quoting George Will: “[t]here should be two Supreme Courts, one to reverse the 9th U.S. Circuit Court of Appeals, the other to hear all other cases.” Will’s article was about a “Reinhardt special.” But as Carrington shows, Judge Stephen Reinhardt isn’t racking up reversals all by himself; he gets by with a little help from his friends.
One final note: Carrington gave Judge Consuelo Callahan, the luscious Latina sometimes mentioned as a possible Supreme Court nominee, the opportunity to write an impassioned, high-profile dissent. Judge Callahan should be grateful to Judge Pregerson for giving her the chance to develop conservative street cred. If she gets nominated to the SCOTUS someday, she should thank Judge Pregerson at her investiture.*
(We’d be curious to hear what Professor Doug Berman, sentencing guidelines guru, thinks of Carrington.)
Update: Professor Berman weighs in. Interesting! Are the conservatives now guilty of putting their policy preferences ahead of the letter of the law?
* Best correction ever, from Slate: “Our article originally identified Consuelo Callahan as Consuela Callahan.”
Because, you know, all Latinas in the state of California are named “Consuela.” They’re all maids. And they’re all played by Lupe Ontiveros in the movies.
Carrington v. United States [Volokh Conspiracy]
Carrington v. United States (PDF) [Ninth Circuit via How Appealing]