The Internationally recognized leader in video sentencing advocacy.

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Set for Sentencing Podcast with Doug Passon

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Over a million people a year will face sentencing.  For a client and their loved ones, it will be the most important day of their lives.

Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing.

My passion is helping lawyers and clients craft their most compelling sentencing narratives.  So, I was inspired to create this new podcast drawing on my 25+ years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting and developing compelling case narratives that get real results.

In Set for Sentencing, I present cutting edge resources, world-class experts, and the straight scoop on our often dysfunctional system -- all in service to one goal -- to bring more justice, more humanity, and more hope to the sentencing process.

So, are you ready? Then let's get SET FOR SENTENCING!

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Latest Episodes

Making Sense of the Georgia Trump RICO Pleas (Vol. I)

Three lawyers (so far) have plead guilty in the Georgia State RICO case.   I had so many questions about what these pleas and sentencings really meant – for the lawyers who entered them, the remaining defendants, and the pending federal matters. But, I don’t practice in Georgia state court. Therefore, I put out the “bat…
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Guideline Tricks & Treats: A Rundown of All New Sentencing Guideline Amendments That Took Effect on 11/1/23

The day after Halloween, all of the proposed guideline changes went into effect!  We’ve talked about many of them in detail on previous podcasts, but here, we do a quick run-through of all eigiht categories of amendments.  So what’s in our candy bags the day after?  Well, in truth, most of what we got were…
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Untangling Fear For Lawyers & Clients With Prof. Heidi K. Brown

It’s Halloween! What better time to talk about FEAR!!!??? Many think fear is the great motivator, but it can also be the great debilitator.  Fear prevents lawyers from “going for it” at sentencing and making the extraordinary ask on behalf of their clients.  Fear also prevents those clients from communicating their own truth on the…
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Sam Bankman-Fried: Is Autism the Missing Piece of Mitigation?

Sam Bankman Fried is almost certainly on the Autism Spectrum.  And, if his lawyers can fully understand ASD, they would have a better chance at acquitting their client by explaining to the jury why his actions may not have been nearly as intentional and  calculated as they seem.  Moreover, if he’s convicted, ASD would go…
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Imperfect 10: Why thousands will be deemed ineligible for the ZPO and what to do about it

On Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO). It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced. BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”?  Because of…
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Danny Masterson Sentencing Post-Mortem

A jury convicted Danny Masterson of two counts of forcible rape in California state court, and the judge just sentenced him to thirty years.  It was a daunting task for his lawyers, because Masterson maintained his innocence to the bitter end.  If the lawyers could have successfully threaded that needle, then Masterson would have potentially…
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Bureau of Prisons (BOP) Means “Backwards on Purpose”

What is the purpose of prison?  Most people think the very fact of being removed from society, loved ones, and life in general, is the punishment.  But that’s only the beginning.  Once you get inside the walls of the BOP, the real punishment begins. Intentionally or not, those in charge of BOP facilities make the…
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Find the Hurt, Amplify the Pain, Heal the Wound: 3 Steps to a Bulletproof Legal Narrative

Telling your client’s true and powerful mitigation story is the most important part of sentencing.  But we lawyers are never taught how to do it right.  The bigger problem is, this leads to disastrous consequences on the big day because when a lawyer fails to control the narrative, someone else will tell your client’s story…
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GOIN’ RETRO: Retroactive Application of ZPO and Status Point Amendments

The Zero Point Offender and Status Point modifications to the Sentencing Guidelines go into effect on November 1.  They are RETROACTIVE.  But not everyone knows whether they may benefit from the changes or how to go about getting that benefit.  Therefore, helping us get Set for Sentencing, Mark Allenbaugh, and Keith Hilzendeger to tell us…
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Podcast Praise

"I know several attorneys who have dramatically improved their sentencing advocacy and outcomes for their clients based on the knowledge you have shared so generously."

Paralegal

"I just wanted to thank you for all your free content! We are definitely listening and putting into work, practice and videos what you’re putting out there. And, people are getting very fair sentences because of it."

Investigator

"I’m new to the public defender office and in my desperation to find resources to get me up to speed, I ran across a post on the sentencing blog referencing your podcast. I’m a hard core podcast listener so I’ve been chomping on episodes almost non-stop since I discovered it." 

Attorney

"I have been listening to your podcasts, and I am so excited about what I am learning!" 

Mitigation Specialist

"Content is king. I find yours to be unusually edifying and enlightening (and occasionally entertaining or endearing to boot)."

Client

"Loved the Lolita podcast! This was such a fascinating topic to explore."

Attorney

"I have really enjoyed your podcast. Most of my work has become Federal defense, and, of course, pretty much all of it results in sentencings. I’ve enjoyed your guests, your comments, and just your overall content. Nicely done."

Attorney

"I just know that the good work you are doing out there to publicize and advocate in this realm of legal practice is causing reverberations."

Client's Family Member

"Your podcasts are a phenomenal source of knowledge, which I listen to at the end of the day on a long run."

Investigator

"I've listened to them all so far.  Maureen Baird was very informative (and even provided a few confessions about the BOP). What a fantastic resource!"

Attorney