What’s Crackin’ at the Sentencing Commission – New Proposals that Could Change the Shape of Federal Sentencing

Congress intended most first-time non-violent offenders receive a non-custodial sentence.  That’s how federal law worked before the guidelines.  But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons.  All that may be about to change, with revolutionary new proposals the Commission is considering.

Take a listen, and then make your voice heard by lodging your comment on the USSG website:

https://www.ussc.gov/policymaking/public-comment/public-comment-2026-proposed-amendments

IN THIS EPISODE:

• Trump Tarriff case and it’s implications in the criminal world;
• The major questions doctrine;
• Proposed complete restructuring of sentencing guidelines table;
• Proposed post-offense rehabilitation reductions  

LINKS:

Here is a recent podcast we did with Prof. Doug Berman talking about other important new guideline proposals for 2026!

A Look ahead: Sentencing Developments for 2026 – Set for Sentencing by Doug Passon Law

3 R’S of Sentencing Narrative Article:  

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New Law 360 Article by Doug Passon and Mark Allenbaugh on Guideline changes:  COMING SOON, PLEASE CHECK BACK IN A DAY OR TWO!!!!

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