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David B. Sentelle

David Bryan Sentelle (born February 12, 1943) is a Senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. He previously was a U.S. district judge on the United States District Court for the Western District of North Carolina from 1985 to 1987.

David B. Sentelle
Official portrait, c. 2000
Presiding Judge of the United States Foreign Intelligence Surveillance Court of Review
In office
May 19, 2020 – September 15, 2023
Appointed byJohn Roberts
Preceded byJosé A. Cabranes
Succeeded byStephen A. Higginson
Senior Judge of the United States Court of Appeals for the District of Columbia Circuit
Assumed office
February 12, 2013
Chief Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
February 11, 2008 – February 12, 2013
Preceded byDouglas H. Ginsburg
Succeeded byMerrick Garland
Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
September 11, 1987 – February 12, 2013
Appointed byRonald Reagan
Preceded byAntonin Scalia
Succeeded byRobert L. Wilkins
Judge of the United States District Court for the Western District of North Carolina
In office
October 17, 1985 – October 19, 1987
Appointed byRonald Reagan
Preceded byWoodrow W. Jones
Succeeded byRichard Lesley Voorhees
Personal details
Born
David Bryan Sentelle

(1943-02-12) February 12, 1943 (age 81)
Canton, North Carolina
EducationUniversity of North Carolina at Chapel Hill (BA, JD)

Early life, family and education edit

David Sentelle was born in Canton, North Carolina. His father was a mill worker. Sentelle was raised in Candler, North Carolina. He graduated from Enka High School in 1961, where he was a classmate of Thomas A. Furness III, who is the "Grandfather of Virtual Reality."

Sentelle received a Bachelor of Arts degree from the University of North Carolina at Chapel Hill in 1965. He received a Juris Doctor degree from the University of North Carolina School of Law in 1968.

Career edit

Sentelle practiced law as an associate attorney with the firm Uzzell & Dumont in Asheville, North Carolina, from 1968 to 1970.[1] He was an Assistant United States Attorney in Charlotte, North Carolina, from 1970 to 1974.

Sentelle served as a North Carolina District Court Judge in Mecklenburg Country from 1974 to 1977.[2] He stepped down from the bench in 1977 to become a partner with the law firm of Tucker, Hicks, Sentelle, Moon & Hodge in Charlotte until his appointment to the U.S. District Court for the Western District of North Carolina in 1985.[3]

In addition to his practice and judicial service, Sentelle has held several teaching positions. He was a visiting professor at the University of North Carolina at Charlotte in 1977. He was a visiting professor at the University of North Carolina at Chapel Hill from 1991 to 1992.[2] In 1993, he taught as an adjunct professor at Florida State University College of Law.[4] Sentelle was an adjunct professor at the George Mason School of Law from 2002 to 2009.[4]

Sentelle is also a founding member and was the longtime president of the Edward Bennett Williams Inn of the American Inns of Court, one of D.C.'s most prestigious associations of white-collar prosecutors and defense attorneys. He won the 2008 American Inns of Court professionalism award in recognition of his service to the Inn.

Federal judicial service edit

With support from Senator Jesse Helms, Sentelle was nominated by President Ronald Reagan on July 25, 1985, to a seat on the United States District Court for the Western District of North Carolina vacated by Judge Woodrow W. Jones. He was confirmed by the United States Senate on October 16, 1985, and received his commission on October 17, 1985. His service was terminated on October 19, 1987, due to elevation to the court of appeals.[2]

Sentelle was nominated by President Reagan on February 2, 1987, to the seat on the U.S. Court of Appeals for the D.C. Circuit vacated by Judge Antonin Scalia, who was elevated to the U.S. Supreme Court. Sentelle was confirmed by the Senate by a 87–0 vote on September 9, 1987. He received his commission on September 11, 1987; and entered into service on October 19, 1987. He served as Chief Judge from 2008 to 2013.[2] He assumed senior status on February 12, 2013.[2][5] During his time on the D.C. Circuit, Sentelle served with five future Supreme Court justices: Ruth Bader Ginsburg, Clarence Thomas, John Roberts, Brett Kavanaugh, and Ketanji Brown Jackson. In addition, many of his law clerks went on to clerk for Supreme Court justices, earning Sentelle a reputation as a "feeder judge."

From 1992 to 2006, Sentelle served as the presiding judge of the Division of the D.C. Circuit for the Appointment of Independent Counsel. During his tenure, the division appointed Kenneth Starr to replace Robert B. Fiske who had been appointed by Attorney General Janet Reno to investigate the allegations against President Bill Clinton with respect to the Whitewater Affair.

Sentelle was appointed to the United States Foreign Intelligence Surveillance Court of Review (FISCR) on May 19, 2018, and became the presiding judge of that court on May 20, 2020.[6]

In addition to his work on the D.C. Circuit and the FISCR, Sentelle served as a member of the Executive Committee of the Judicial Conference from 2008 to 2013, and as the chair of that committee from 2010 to 2013.

Several of Sentelle's former law clerks have gone onto become judges themselves. Neil Gorsuch (1991–1992) serves as an associate justice of the U.S. Supreme Court. Joan Larsen (1993-1994, 6th Cir.), Allison Jones Rushing (2008-2009, 4th Cir.), Beth Robinson (1989-1990, 2nd Cir.), and Andrew Oldham (2005-2006, 5th Cir.) currently serve as Circuit Court Judges. (President Trump considered nominating both Larsen and Rushing for the Supreme Court seat currently occupied by Justice Amy Coney Barrett, while Robinson is the first openly gay judge on the federal appellate bench.) Liam P. Hardy (2010–2011) is a judge on the U.S. Court of Appeals for the Armed Forces. Steven C. Seeger (1997-1998, N.D. Ill.), Richard E. Myers II (1998-1999, E.D.N.C.), and Frank DeArmon Whitney (1988-1989, W.D.N.C.) currently serve as U.S. District Judges. Adam Conrad (2005–2006) serves on the North Carolina Business Court. David E. Jones (1991–1992) formerly served as a U.S. Magistrate Judge in the Eastern District of Wisconsin.

Other Sentelle clerks have gone on to serve as executive branch officials. Kristen Silverberg (1998–1999) served as the ambassador to the E.U. Maureen Ohlhausen (1994–1995) served as a member and acting chair of the Federal Trade Commission.

Notable cases edit

While on the D.C. Circuit, Sentelle was part of two three-judge panels that overturned the convictions of Oliver North and John Poindexter. On the North panel, Sentelle and Judge Laurence Silberman voted to overturn North's conviction while Chief Judge Patricia Wald dissented.[7] On the Poindexter panel, Sentelle and Judge Douglas H. Ginsburg voted to overturn the conviction with Judge Abner J. Mikva dissenting.[8]

In Cobell v. Norton, 240 F.3d 1081 (D.C. Cir. 2001), Sentelle (joined by Judges Stephen Williams and Judith Rogers) largely affirmed the District Court's finding that the federal government had mismanaged Indian trust funds. The government ultimately settled the case—one of the largest class actions in history—in 2009.[9]

In 2007, in Boumediene v. Bush, 375 U.S. App. D.C. 48, Sentelle concurred with Judge Arthur Raymond Randolph, relying on Johnson v. Eisentrager to uphold the Military Commissions Act of 2006's suspension of habeas corpus for enemy combatants as constitutional. Judge Rogers dissented. That decision was reversed by the U.S. Supreme Court.

In 2004, New York Times reporter Judith Miller refused to comply with a grand jury subpoena seeking documents and testimony about her conversations with a confidential source. Because of her noncompliance, the District Court held Miller in civil contempt and she spent 85 days in jail. In In re Grand Jury Subpoena, Judith Miller, 397 F.3d 964 (D.C. Cir. 2005), Sentelle (joined by Judges Karen Henderson and David Tatel) affirmed Miller's conviction, though the three judges disagreed about the existence and scope of a reporter's common-law privilege to resist grand jury subpoenas.[10]

In National Labor Relations Board v. Noel Canning, Sentelle (with Judges Henderson and Thomas Griffith) held that President Obama's extensive use of recess appointments violated the Constitution, clarifying the President's limited Article II authority to fill judicial and executive appointments during inter-session recesses.[11] The Supreme Court unanimously affirmed, though a majority of justices declined to adopt Sentelle's precise constitutional rationale.[12]

Personal edit

Sentelle served as a delegate to the 1984 Republican National Convention. He previously published several works of crime fiction under the pseudonym Clyde Haywood.

Sentelle is a Freemason. He is a recipient of the Joseph Montfort Medal from the Grand Lodge of North Carolina.[13]

Publications edit

  • Sentelle, David B. (2002). Judge Dave and the Rainbow People. Green Bag Press, Washington D.C. ISBN 0-9677568-3-9

References edit

  1. ^ "The Honorable David Sentelle". American Inns of Court. 2008. Retrieved 2020-04-24.
  2. ^ a b c d e "Sentelle, David Bryan". fjc.gov. Federal Judicial Center.
  3. ^ "David B. Sentelle". United States Court of Appeals District of Columbia Circuit.
  4. ^ a b "David Sentelle". Ballotpedia.
  5. ^ "D.C. Circuit Chief Judge Sentelle to Take Senior Status". The BLT: The Blog of Legal Times.
  6. ^ "Current Membership - Foreign Intelligence Surveillance Court of Review". United States Foreign Intelligence Surveillance Court.
  7. ^ Lardner Jr., George (July 21, 1990). "NORTH'S IRAN-CONTRA CONVICTIONS SET ASIDE BY SPLIT APPEALS COURT". The Washington Post.
  8. ^ Johnston, David (1991-11-16). "Poindexter Wins Iran-Contra Case in Appeals Court". The New York Times. ISSN 0362-4331.
  9. ^ "Cobell v. Norton, 240 F.3d 1081 | Casetext Search + Citator".
  10. ^ "In re Grand Jury Subpoena, Judith Miller, 438 F.3d 1141 | Casetext Search + Citator".
  11. ^ https://www.cadc.uscourts.gov/internet/opinions.nsf/D13E4C2A7B33B57A85257AFE00556B29/$file/12-1115-1417096.pdf [bare URL PDF]
  12. ^ https://www.supremecourt.gov/opinions/13pdf/12-1281_mc8p.pdf [bare URL PDF]
  13. ^ . 2014-03-30. Archived from the original on 2014-03-30. Retrieved 2023-03-17.

Sources edit

External links edit

david, sentelle, this, article, multiple, issues, please, help, improve, discuss, these, issues, talk, page, learn, when, remove, these, template, messages, this, biography, living, person, needs, additional, citations, verification, please, help, adding, reli. This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This biography of a living person needs additional citations for verification Please help by adding reliable sources Contentious material about living persons that is unsourced or poorly sourced must be removed immediately from the article and its talk page especially if potentially libelous Find sources David B Sentelle news newspapers books scholar JSTOR July 2023 Learn how and when to remove this message This article s factual accuracy is disputed Relevant discussion may be found on the talk page Please help to ensure that disputed statements are reliably sourced March 2024 Learn how and when to remove this message Learn how and when to remove this message David Bryan Sentelle born February 12 1943 is a Senior United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit He previously was a U S district judge on the United States District Court for the Western District of North Carolina from 1985 to 1987 David B SentelleOfficial portrait c 2000Presiding Judge of the United States Foreign Intelligence Surveillance Court of ReviewIn office May 19 2020 September 15 2023Appointed byJohn RobertsPreceded byJose A CabranesSucceeded byStephen A HigginsonSenior Judge of the United States Court of Appeals for the District of Columbia CircuitIncumbentAssumed office February 12 2013Chief Judge of the United States Court of Appeals for the District of Columbia CircuitIn office February 11 2008 February 12 2013Preceded byDouglas H GinsburgSucceeded byMerrick GarlandJudge of the United States Court of Appeals for the District of Columbia CircuitIn office September 11 1987 February 12 2013Appointed byRonald ReaganPreceded byAntonin ScaliaSucceeded byRobert L WilkinsJudge of the United States District Court for the Western District of North CarolinaIn office October 17 1985 October 19 1987Appointed byRonald ReaganPreceded byWoodrow W JonesSucceeded byRichard Lesley VoorheesPersonal detailsBornDavid Bryan Sentelle 1943 02 12 February 12 1943 age 81 Canton North CarolinaEducationUniversity of North Carolina at Chapel Hill BA JD Contents 1 Early life family and education 2 Career 3 Federal judicial service 4 Notable cases 5 Personal 6 Publications 7 References 8 Sources 9 External linksEarly life family and education editDavid Sentelle was born in Canton North Carolina His father was a mill worker Sentelle was raised in Candler North Carolina He graduated from Enka High School in 1961 where he was a classmate of Thomas A Furness III who is the Grandfather of Virtual Reality Sentelle received a Bachelor of Arts degree from the University of North Carolina at Chapel Hill in 1965 He received a Juris Doctor degree from the University of North Carolina School of Law in 1968 Career editSentelle practiced law as an associate attorney with the firm Uzzell amp Dumont in Asheville North Carolina from 1968 to 1970 1 He was an Assistant United States Attorney in Charlotte North Carolina from 1970 to 1974 Sentelle served as a North Carolina District Court Judge in Mecklenburg Country from 1974 to 1977 2 He stepped down from the bench in 1977 to become a partner with the law firm of Tucker Hicks Sentelle Moon amp Hodge in Charlotte until his appointment to the U S District Court for the Western District of North Carolina in 1985 3 In addition to his practice and judicial service Sentelle has held several teaching positions He was a visiting professor at the University of North Carolina at Charlotte in 1977 He was a visiting professor at the University of North Carolina at Chapel Hill from 1991 to 1992 2 In 1993 he taught as an adjunct professor at Florida State University College of Law 4 Sentelle was an adjunct professor at the George Mason School of Law from 2002 to 2009 4 Sentelle is also a founding member and was the longtime president of the Edward Bennett Williams Inn of the American Inns of Court one of D C s most prestigious associations of white collar prosecutors and defense attorneys He won the 2008 American Inns of Court professionalism award in recognition of his service to the Inn Federal judicial service editWith support from Senator Jesse Helms Sentelle was nominated by President Ronald Reagan on July 25 1985 to a seat on the United States District Court for the Western District of North Carolina vacated by Judge Woodrow W Jones He was confirmed by the United States Senate on October 16 1985 and received his commission on October 17 1985 His service was terminated on October 19 1987 due to elevation to the court of appeals 2 Sentelle was nominated by President Reagan on February 2 1987 to the seat on the U S Court of Appeals for the D C Circuit vacated by Judge Antonin Scalia who was elevated to the U S Supreme Court Sentelle was confirmed by the Senate by a 87 0 vote on September 9 1987 He received his commission on September 11 1987 and entered into service on October 19 1987 He served as Chief Judge from 2008 to 2013 2 He assumed senior status on February 12 2013 2 5 During his time on the D C Circuit Sentelle served with five future Supreme Court justices Ruth Bader Ginsburg Clarence Thomas John Roberts Brett Kavanaugh and Ketanji Brown Jackson In addition many of his law clerks went on to clerk for Supreme Court justices earning Sentelle a reputation as a feeder judge From 1992 to 2006 Sentelle served as the presiding judge of the Division of the D C Circuit for the Appointment of Independent Counsel During his tenure the division appointed Kenneth Starr to replace Robert B Fiske who had been appointed by Attorney General Janet Reno to investigate the allegations against President Bill Clinton with respect to the Whitewater Affair Sentelle was appointed to the United States Foreign Intelligence Surveillance Court of Review FISCR on May 19 2018 and became the presiding judge of that court on May 20 2020 6 In addition to his work on the D C Circuit and the FISCR Sentelle served as a member of the Executive Committee of the Judicial Conference from 2008 to 2013 and as the chair of that committee from 2010 to 2013 Several of Sentelle s former law clerks have gone onto become judges themselves Neil Gorsuch 1991 1992 serves as an associate justice of the U S Supreme Court Joan Larsen 1993 1994 6th Cir Allison Jones Rushing 2008 2009 4th Cir Beth Robinson 1989 1990 2nd Cir and Andrew Oldham 2005 2006 5th Cir currently serve as Circuit Court Judges President Trump considered nominating both Larsen and Rushing for the Supreme Court seat currently occupied by Justice Amy Coney Barrett while Robinson is the first openly gay judge on the federal appellate bench Liam P Hardy 2010 2011 is a judge on the U S Court of Appeals for the Armed Forces Steven C Seeger 1997 1998 N D Ill Richard E Myers II 1998 1999 E D N C and Frank DeArmon Whitney 1988 1989 W D N C currently serve as U S District Judges Adam Conrad 2005 2006 serves on the North Carolina Business Court David E Jones 1991 1992 formerly served as a U S Magistrate Judge in the Eastern District of Wisconsin Other Sentelle clerks have gone on to serve as executive branch officials Kristen Silverberg 1998 1999 served as the ambassador to the E U Maureen Ohlhausen 1994 1995 served as a member and acting chair of the Federal Trade Commission Notable cases editWhile on the D C Circuit Sentelle was part of two three judge panels that overturned the convictions of Oliver North and John Poindexter On the North panel Sentelle and Judge Laurence Silberman voted to overturn North s conviction while Chief Judge Patricia Wald dissented 7 On the Poindexter panel Sentelle and Judge Douglas H Ginsburg voted to overturn the conviction with Judge Abner J Mikva dissenting 8 In Cobell v Norton 240 F 3d 1081 D C Cir 2001 Sentelle joined by Judges Stephen Williams and Judith Rogers largely affirmed the District Court s finding that the federal government had mismanaged Indian trust funds The government ultimately settled the case one of the largest class actions in history in 2009 9 In 2007 in Boumediene v Bush 375 U S App D C 48 Sentelle concurred with Judge Arthur Raymond Randolph relying on Johnson v Eisentrager to uphold the Military Commissions Act of 2006 s suspension of habeas corpus for enemy combatants as constitutional Judge Rogers dissented That decision was reversed by the U S Supreme Court In 2004 New York Times reporter Judith Miller refused to comply with a grand jury subpoena seeking documents and testimony about her conversations with a confidential source Because of her noncompliance the District Court held Miller in civil contempt and she spent 85 days in jail In In re Grand Jury Subpoena Judith Miller 397 F 3d 964 D C Cir 2005 Sentelle joined by Judges Karen Henderson and David Tatel affirmed Miller s conviction though the three judges disagreed about the existence and scope of a reporter s common law privilege to resist grand jury subpoenas 10 In National Labor Relations Board v Noel Canning Sentelle with Judges Henderson and Thomas Griffith held that President Obama s extensive use of recess appointments violated the Constitution clarifying the President s limited Article II authority to fill judicial and executive appointments during inter session recesses 11 The Supreme Court unanimously affirmed though a majority of justices declined to adopt Sentelle s precise constitutional rationale 12 Personal editSentelle served as a delegate to the 1984 Republican National Convention He previously published several works of crime fiction under the pseudonym Clyde Haywood Sentelle is a Freemason He is a recipient of the Joseph Montfort Medal from the Grand Lodge of North Carolina 13 Publications editSentelle David B 2002 Judge Dave and the Rainbow People Green Bag Press Washington D C ISBN 0 9677568 3 9References edit The Honorable David Sentelle American Inns of Court 2008 Retrieved 2020 04 24 a b c d e Sentelle David Bryan fjc gov Federal Judicial Center David B Sentelle United States Court of Appeals District of Columbia Circuit a b David Sentelle Ballotpedia D C Circuit Chief Judge Sentelle to Take Senior Status The BLT The Blog of Legal Times Current Membership Foreign Intelligence Surveillance Court of Review United States Foreign Intelligence Surveillance Court Lardner Jr George July 21 1990 NORTH S IRAN CONTRA CONVICTIONS SET ASIDE BY SPLIT APPEALS COURT The Washington Post Johnston David 1991 11 16 Poindexter Wins Iran Contra Case in Appeals Court The New York Times ISSN 0362 4331 Cobell v Norton 240 F 3d 1081 Casetext Search Citator In re Grand Jury Subpoena Judith Miller 438 F 3d 1141 Casetext Search Citator https www cadc uscourts gov internet opinions nsf D13E4C2A7B33B57A85257AFE00556B29 file 12 1115 1417096 pdf bare URL PDF https www supremecourt gov opinions 13pdf 12 1281 mc8p pdf bare URL PDF The Scottish Rite Journal 2014 03 30 Archived from the original on 2014 03 30 Retrieved 2023 03 17 Sources editDavid Bryan Sentelle at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center Judge Sentelle s Complete Oral History https dcchs org sb pdf complete oral history sentelle Transcript of Judge Sentelle s D C Circuit Portrait Presentation Ceremony https dcchs org wp content uploads 2019 02 Judge Sentelle Portrait Transcript pdfExternal links editDavid B Sentelle at the Biographical Directory of Federal Judges a publication of the Federal Judicial Center Appearances on C SPAN Legal offices Preceded byWoodrow W Jones Judge of the United States District Court for the Western District of North Carolina1985 1987 Succeeded byRichard Lesley Voorhees Preceded byAntonin Scalia Judge of the United States Court of Appeals for the District of Columbia Circuit1987 2013 Succeeded byRobert L Wilkins Preceded byDouglas H Ginsburg Chief Judge of the United States Court of Appeals for the District of Columbia Circuit2008 2013 Succeeded byMerrick Garland Preceded byWilliam Curtis Bryson Judge of the United States Foreign Intelligence Surveillance Court of Review2018 2023 Succeeded byTimothy Tymkovich Retrieved from https en wikipedia org w index php title David B Sentelle amp oldid 1211679847, wikipedia, wiki, book, books, library,

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