Tuesday, September 13, 2016

"But just to reassure my colleague, I note that I do not now nor have I ever lived in fear that the Sentencing Commission might issue a “nonsensical guideline about ‘cheese.’”

That was Judge Rosenbaum, referring to Judge Pryor's opinion respecting the denial of en banc review in the big Matchett case. (She says this footnote referring to that sentence: "Now, that is a sentence I never imagined I would write in an opinion.")

Lots to digest in the 88 pages of opinions, but Rosenbaum vs. Pryor is fun to read.  And, of course, Martin's dissent is full of good stuff too.  But back to Rosenbaum.  Here's her footnote 3:
In fact, I would be surprised if the Sentencing Commission had reason to issue a
guideline about cheese at all. After all, the moon does not fall within the Sentencing
Commission’s jurisdiction. See Robert Nemiroff & Jerry Bonnell, Hubble Resolves Expiration Date for Green Cheese Moon, ASTRONOMY PICTURE OF THE DAY (Apr. 1, 2002), http://www.phys.ncku.edu.tw/~astrolab/mirrors/apod_e/ap020401.html (“The popular ‘Moon is made of Green Cheese’ myth can be traced back almost 500 years. It has been used historically in context to indicate a claim so clearly false that no one . . . will believe it.”); see also Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies art. I, Jan. 27, 1967, 18 U.S.T. 2410 (“The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.”).

More to follow.

10 comments:

  1. Anonymous4:49 PM

    It's interesting that the Matchett statements follow the previous blog subject. Judge William Pryor writes in his statement that Judge Rosenbaum "frets" about a particular point. Hmmm. I wonder if a male judge would ever accuse a male colleague of "fretting" about a certain point of law. I think not.

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  2. Anonymous5:14 PM

    Now the use of "fretting" is sexist? Honestly? The word police is on fire lately.

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  3. Anonymous6:20 PM

    All you need to know about the denial is right here:

    But once they are released from prison, career offenders
    with at least one conviction for a crime of violence recidivate at a rate of almost 70
    percent—much higher than the recidivism rate for other federal prisoners, even
    though career offenders are older when released from prison after serving long
    sentences. See id. at 40–41. Their recidivating crimes of choice are most often
    violent—assault (28.6 percent) and robbery (35.3 percent). Id. at 42. Undoubtedly,
    smaller percentages of these offenders commit even more serious crimes like
    murder, rape, and kidnapping.

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  4. Anonymous8:41 PM

    Not word police. Just wondering why judge chose the word "fretting" instead of "worrying." Why do you suppose?

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  5. Anonymous9:20 PM

    Because it's a way to convey a belief that the worries are trivial or unfounded. That particular judge has used the word "frets" when describing a male dissenter's views, too. Seminole Tribe of Florida v. Florida Dep't of Revenue, 750 F.3d 1238, 1247 (11th Cir. 2014).

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  6. Anonymous8:16 AM

    The 11th circuit, lead by its chief judge, keeps embarrassing itself. It issues a denial of the en banc petition far past when it would make a real difference to those harmed by its ruling and only as a not-so-thinly-veiled attempt to influence the Supreme Court case that will likely smack it down.
    And yes, 6:20, if you kept anyone who committed a crime in jail for life, the recidivist rate would be zero.

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  7. Anonymous4:35 PM

    How the Fuck can trump be winning in Fla and Ohio? Can you imagine his appointments!

    And now, your next US attorney for the Southern District of Florida....Nancy Grace!

    Fuck us.

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  8. Ummm..I got first dibs on the US ATTY for SDFLA. Grace can be commissioner of the FDA or EPA or such.

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  9. Anonymous10:36 AM

    http://www.floridabulldog.org/2016/08/miami-u-s-attorneys-office-accused-again-of-spying-a-mole-in-the-defense-camp/

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  10. Anonymous6:21 PM

    9:20 p.m. -- Nice, very nice.

    ReplyDelete