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…
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…
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…
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…
Mitigation Films: Harnessing the Power of Visual Narrative to Humanize our Clients
I can’t think of a better topic for our 100th episode of Set For Sentencing – the topic that is so near and dear to my heart – MITIGATION FILMMAKING! Mitigation films are arguably the most powerful and persuasive weapon in our advocacy arsenal. They offer an unparalleled way to humanize a client and show…
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…
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…
On Deaf Ears: When Sentencing Goes Wrong
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!…
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!…