Tuesday, April 07, 2026

U.S. v. Verhonich (9th Cir. - April 7, 2026)

You don't see many federal criminal appeals involving a misdemeanor. Typically you simply serve your sentence -- here, six months -- and be done with it.

Such appeals nonetheless happen, and this morning's opinion, which involves negligent operation of a jet ski at Lake Mead, is one of them.

Lessons nonetheless can be learned, notwithstanding the relatively low punishment imposed. Mostly non-doctrinal lessons. Ones with practical, rather than legal, import.

First, it's generally a bad idea to take off on a jet ski with a passenger at 5:00 a.m. while the wind is high and the lake is choppy. Yes, I know that sunrise on the water over Hoover Dam is beautiful. Still.

Second, if you're going to ignore the first lesson, at least make sure to wear your life jackets. It's also be nice to attach that key lanyard to your body so that if you fall off, the jet ski stops running. That's actually the whole point of having that thing.

Finally, it's a particularly good idea to follow the foregoing suggestions if at least one of the two of you have been recently using cocaine and methamphetamine.

These lessons were not followed here, and the driver of the jet ski gets to spend six months in prison as a result.

But he's still much better off than his passenger, Lily Hatcher. Whose body was found in 300 feet of water one week later.

Let's be careful out there, okay?