JUDGE'S HANDLING OF POT RULING SEEN AS 'CLASSIC CHUCK BREYER'

S.F. Federal Jurist Known for Exercising His Own Discretion

The unique, almost tailored sentencing Wednesday of Ed Rosenthal after
his conviction on federal marijuana laws was a "perfect example" of
the abilities and habits of U.S. District Judge Charles Breyer,
friends and colleagues say.

"Here's a case where everybody's got strong feelings on both sides,
and Judge Breyer picks what seems to be a very careful, middle
position," said Professor Rory Little, who co-teaches a class with
Breyer on federal criminal law at the University of California's
Hastings College of the Law.

"He's not afraid to do exactly what he thinks is the right thing to
do," Little said. "Sometimes he gets good press; sometimes he gets bad
press. He doesn't care."

Another colleague, criminal defense attorney Christina Arguedas of
Emeryville, who chaired the Bar Association committee that reviewed
Breyer's qualifications when he was nominated for the federal court,
also described the judge's handling of the medical marijuana case as
"classic Chuck Breyer."

Breyer had no choice but to rule that the jury in Rosenthal's trial
could not consider whether he grew marijuana for medicinal purposes -
federal law is abundantly clear on that issue, Arguedas said.

But when he had the option of exercising his own discretion, Breyer
did so creatively in fashioning a sentence for Rosenthal that fit the
unique facts of his case, she said.

"He followed the law scrupulously because he understands that's what
his job is," Arguedas said. "And then he uses the power he has to do
justice at the end of the case and on the most important part of it. .
. . To understand you have the power to do justice and then do it -
that's a rare thing."

During his six years as a federal judge, Breyer has earned a
reputation for detailed study of the facts of a case and for a
remarkable ability to recall those facts.

"Largely, what he does in his spare time is read about the law and
think about legal cases and devour current events," said Little.

He sees no difference between work and play. For him, "the law is
fun," said Little.

"When he gets a case he knows is going to get a whole lot of
attention, he rubs his hands and is excited about it" and the
challenges the case will present, Little said.

Breyer, 62, was appointed to the federal bench in 1997 by
then-President Bill Clinton.

A native of San Francisco, Breyer attended local schools, including
Lowell High School, and then went to Harvard, where he obtained a
degree in economics in 1963.

His plans were to become a Shakespearean actor.

Unlike his brother, U.S. Supreme Court Justice Stephen Breyer, no one
in his family expected Charles Breyer to pursue a career in law.

After a short and unsuccessful acting career, Breyer turned to the
law, graduating from UC-Berkeley's Boalt Hall in 1966.

His first job was with the Legal Aid Society of San Francisco,
representing indigent children.

He worked for five years as an assistant district attorney in San
Francisco before being recruited in 1973 by Archibald Cox to join the
special prosecutor's team investigating Watergate and related crimes.

He was co-counsel in the prosecution of Nixon administration figures
John Ehrlichman, G. Gordon Liddy and Charles Colson, and he led the
prosecution of the White House "burglars" who broke into the office of
Daniel Ellsberg's psychiatrist.

He returned to the Bay Area and entered private practice with the San
Francisco firm of Jacob, Sills & Coblentz. Eventually named a partner,
he specialized in white collar criminal defense.

His law firm had strong political connections with San Francisco Mayor
Willie Brown. When it came time to distribute appointments to key city
commissions, Breyer chose the Juvenile Probation Commission.

"Not a commission for people who want to be power brokers or juiced
up," said Arguedas. "A lot of people are smart. Not a lot of people
anywhere have the courage and integrity he has."