Claim that Sentencing Court was Guilty of Gender Bias Was Speculative

U.S. v. Johnson, 2014 WL 2958595 (7/2/14) (Kan.) (Published) - Ms. Johnson did not plainly show the district court was guilty of gender bias. In response to Ms. Johnson's contention that she committed the mail theft and fraud offenses in large part due to abuse by her boyfriend-co-defendant, the court said: "in most of those domestic violence situations,both parties are involved." Ms. Johnson argued that placing part of the blame for domestic violence on the victim was a recognized form of gender bias. The 10th found the bias allegation was too speculative. A further airing out of the issue below may or may not have exposed bias. But the failure to raise the issue before the district court doomed the chances for finding any plain error.