Wednesday, August 11, 2021

U.S. v. Wilson (9th Cir. - Aug. 11, 2021)

They're definitely nicer in Kansas.

Judge Kathryn Vratil is sitting by designation in the Ninth Circuit alongside Judges Smith and Ikuta.  She dissents from the panel's opinion, but in doing so, sets a new record for kind words and deference to the other judges.  She says:

"I express these views with hesitation and great respect for the district court and its well-intentioned efforts to deal with an avalanche of sentencing modifications that followed in the wake of Amendment 782. And as a senior judge with decades of experience in the sentencing trenches, I think twice before faulting a colleague’s contribution to the onerous process of dispensing justice in the face of massive and unrelenting caseloads. In the unique context of Mr. Wilson’s case, however, I believe that he has yet to receive a legally sufficient explanation why his sentence on Count 13 should not run concurrently with the sentences on Counts 1 through 11 or why his extraordinary post-conviction record does not warrant discussion, let alone entitle him to some degree of relief. Accordingly, while I appreciate the lengthy and thorough analysis of the majority opinion and concurrence, I am unpersuaded."

Pure Kansas.  As you might perhaps suspect from someone who was born in Kansas, went to college in Kansas (Go Jayhawks!), went to law school in Kansas, clerked for a federal judge in Kansas, practiced law in Kansas, was a state court judge in Kansas, and has been a federal judge in Kansas for nearly 30 years.

Kansas Kansas.