Drugs on the Docket: Data and storytelling in federal drug sentencing and the U.S. Sentencing Commission
Mark Allenbaugh and I recently had the honor of appearing on an important new podcast about drug policy, created by the Drug Enforcement and Policy Center at the Ohio State University. This six-part series was released in May 2023. In coordination with the creators of this excellent podcast, we are re-posting our episode, (ep. 5)…
Life in the Shadow of Death, With Cyndy Short
Cyndy Short has been representing those accused of the worst crimes imaginable for most of her career – and she has NEVER had a client sentenced to death on her watch. She understands that sometimes what makes a lawyer great isn’t their legal abilities, but their human abilities. In other words, it’s time for lawyers to…
Diversion Perversion: Hunter Biden’s Super Sweet Plea Deal
Reality Check: Unpacking the Trump Indictment
When the FBI executed the search warrant at Mar-a-lago and discovered a trove of confidential and top secret government documents, we did a deep dive into the realm of possibilities (EP 12: Mar-a-la-going To Prison??) should Trump ever be charged, tried and convicted. But, we didn’t know then what we know now. So, here we follow…
Stewart Rhodes Seditious Conspiracy Sentencing Post-Mortem
After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the “OathKeepers” was given the longest sentencing to date for any 1/6 defendant. Here, we monday-morning quarterback every aspect of Rhodes’ sentencing. There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. …
The Zero Point Offender Guideline Amendment: The ZIPPO IS ON FIRE!
Yes, we came up with a pithy name we are sure will catch on for the new and VERY consequential US sentencing guideline amendment which allows a 2-level reduction for those with zero criminal history points and who aren’t excluded based on several listed criterion. This amendment is a BIG DEAL, and will be retroactive,…
Surrender Georgie: Possible Sentencing outcomes for George Santos Indictment
Yes, NY Congressman George Santos is innocent until proven guilty. And he deserves his “day in court”. But, he has already been tried and convicted in the media for a plethora of demonstrably provable falsehoods, which will not bode well for him should he choose to exercise his right to trial on fraud charges. Will he…
JSIN: Will “Judicial Sentencing Information” Mutilate the Stats or Slash Sentences?
The US Sentencing Commission created “JSIN” (sounds like “Jason”) as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm our clients? Therefore,…
Overcoming Impossible Odds at Sentencing (Fearless Lawyering, Vol. 3, with Joel Meyers)
What can you do when your client with two prior felony drug convictions gets arrested and charged for a new and very serious drug trafficking offense? Most lawyers, looking at this history, the substantial weight of drugs involved, a pile of money, and a gun, would resign themselves to epic defeat. This man was facing…
The Power of a State “Sentencing Study” (with Rich Robertson)
If you’ve been paying attention, you’ve heard me talk, ad nauseum, about the use of sentencing statistics in Federal cases. But did you know that sentencing statistics are also relevant in your STATE CASES? But, state sentencing data is often harder to access, and may require a tenacious investigator to fight arduous public records request battles.…