Blog

2024 United States Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre

On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts to nothing more than “Kabuki Theatre,” meaning the tortured guideline applications become merely performative, because 18 U.S.C. § 3553, enables discerning…

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BOP Programming With Dr. Alix McLearen

We’ve spent a lot of time running down the BOP, and not without good cause, BUT we don’t give as much attention as we should to the positive things happening inside those walls.  Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with special needs. Therefore, helping us get set…

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The Future of Federal Fraud with Mark Allenbaugh

We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients.  And keeping abreast of all major developments in the law is paramount to a successful legal practice. But there’s one thing every lawyer needs, and it does not exist – a crystal ball.  If we were…

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The Why of the Where: Mitigation Geo-Narratives with Dr. Julie Urbanik

Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client’s life and choices. But how do we tell those stories at sentencing? Thankfully, there’s…

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The BOP Horror Show & What We Can Do About It

It’s not even October yet, but this episode feels tailor made for Halloween.  It’s no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing.  And the stories of deprivation and death inside the walls of the BOP abound. But lawyers are not telling these stories enough at sentencing, and as a result, Judges often…

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Federal Pre-Trial Diversion With Jon May

Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person’s record felony-free.  And, the Biden DOJ has encouraged it’s regional US Attorney offices to devise their own policies for DPAs and to be more liberal with their application. But, local federal prosecutors seem to be ignoring their boss’s mandate.  They’re reluctant…

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On Deaf Ears: When Sentencing Goes Wrong

It’s a gloomy night in Oklahoma City.  I’m holed up in a hotel working on a capital case.  But I’m in a dark place.  Last week I saw a terrible injustice occur in a matter in which I was involved as a consultant.  The lawyers did a fantastic job of making their case for a…

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Psychodrama at Sentencing: (PART TWO)

Psychodrama has been used by trial lawyers for decades. But it hasn’t been effectively deployed for use at SENTENCING…. until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation!…

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Psychodrama at Sentencing (PART ONE)

Psychodrama has been used by trial lawyers for decades. But it hasn’t been effectively deployed for use at SENTENCING…. until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation!…

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