Milan Smith

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Milan Dale Smith, Jr. (born 1942 in Pendleton, Oregon) is a federal judge on the United States Court of Appeals for the Ninth Circuit, based in San Francisco, California.

Smith's brother, Gordon Smith, is a Republican U.S. Senator from Oregon.

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[edit] Background

Smith studied at Brigham Young University and earned a B.A. He earned a J.D. at the University of Chicago Law School. Before becoming a judge, he was the managing partner at the law firm of Smith, Crane, Robinson, and Parker, which he co-founded in 1972. Smith is a practicing Mormon – an active member of The Church of Jesus Christ of Latter-day Saints.

Smith was nominated by President George W. Bush on February 14, 2006 to fill a seat vacated by Judge A. Wallace Tashima.[1] He was confirmed just over three months later by the United States Senate on May 16, 2006 by a vote of 93-0.[2] He is the fifth judge appointed to the Ninth Circuit by Bush, and the first since Carlos Bea was confirmed in 2003.

[edit] Decisions

Smith's first published opinion was released on December 14, 2006. In that case, United States v. Juvenile Male,[3] Smith wrote for a unanimous three-judge panel that reversed the district court for improperly sentencing a juvenile under an adult sentencing scheme.

In July 2007 in Land Council v. McNair, Smith wrote a concurrence described as "unusually blunt and wide-ranging", in which he blamed his own court for "taking the law too far and causing much of 'the decimation of the logging industry in the Pacific Northwest' and the loss of legions of timber jobs."[4]

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[edit] External links

Preceded by
Atsushi Wallace Tashima
Judge of the U.S. Court of Appeals for the Ninth Circuit
2006-present
Succeeded by
incumbent