Look, we have been cited! PRACDL reports (and SL&P)that Appellate Law & Practice, Sentencing Law and Policy and PRACDL's blog post on US v. Wilkerson were cited in the government’s petition for rehearing. In essence, the government argues that in its brief that:
Several commentators have already interpreted the panel’s statement to open the door to consideration of federal-state sentencing disparities in the district courts of this circuit.... [cites of blogs follow]
A few comments: 1) since this blog is written in the spare time of most of the posters it is gratifying to know that we are considered “commentators”; 2) most of these comments came within hours (if not minutes) of the public release of this case; 3) maybe some other “commentators” are right that “law review notes are dead”; and 4) since most of us post under various monikers, at what point are people going to call “S.Cotus,” “lazerwolf ,” or “Happy Fun Lawyer,” or “Reversible Error” commentators ? My personal position on the disparity issue is quite nuanced and has developed over the past few weeks, but I probably won’t expound on it at length here.