Not all of us can be Doc Berman at Sentencing Law and Policy, but that doesn’t mean we can’t dream.  Way back when Booker was yet a twinkle in Judge Richard Kopf’s eye, a challenge was made.  Judge Kopf rejected the view that the Booker meant that the guidelines were merely one of many factors to consider, and decided to make the split amongst judge a little more interesting.

When expressing his view in Wanning, Judge Kopf added this footnote:

I like and have great respect for Judge Pratt.  Nothing I say in this memorandum is intended as a personal criticism of him.  I simply (but strongly) disagree with his legal reasoning on this subject.  While I take the liberty of using Judge Pratt’s decision as an example of a methodology that I think is incorrect, I certainly do not intend to single him out.  Indeed, and to be fair, many of my colleagues (Judges Bataillon and Strom, for example) side with Judge Pratt.  If I turn out to be wrong, I will buy them all a beer.

Then came Gall.  As it turns out, Judge Kopf not only has a long memory, but he pays his bets:

Doug,

I wrote Bob Pratt today, with copies to Joe Bataillon and Lyle Strom, indicating that I owe them all a beer.  It now occurs to me that I owe you one as well.  Until I pay you, feel free to publish this mea culpa as my guarantee that beer is on the way to Columbus.

Take care.

Rich Kopf
United States District Judge

Of special note is the whole “Doug” and “Rich Kopf” thing, suggesting an unusual familiarity between some federal judge and well-regarded Professor Berman.  But given the tone (and the promise of a beer), it appears that Doug is willing to let it slide.  Also, it’s not entirely clear why Berman gets a beer, since this appears to be a dare amongst judge.  But he’s chosen not to make an issue of this either.

It turns out that Doc Berman not only received the payoff, but it came with a little  vigorish as well.

[A]fter getting home and unpacking my brew bucket, [I found] that Judge Kopf had in fact sent me the Party Barge.  This smooth-sailing barge includes a full dozen beers, which means that I have a brewski for every member of the Court and even a few extra for Justices Alito (who perhaps can start to understand the hidden genius of both Booker opinions if he gets a little sloshed).  I wonder what drinking games the Justices like to play at their parties.

Don’t we all wonder that?  Man, when I grow up I want to be Doug Berman.