Marilyn Mosby Sentencing Post-Mortem

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Marilyn Mosby, Baltimore’s former top prosecutor, made headlines for her bold actions during her tenure. She fearlessly took on the Baltimore police, charging those involved in Freddie Gray’s death, and advocated controversial positions, including refusing to prosecute low-level drug offenders. However, her own legal journey took an unexpected turn. Accused of federal fraud violations, she faced trial and ultimately received a non-custodial sentence. Was this an outlier? Did she receive special treatment? Join Doug Passon and Mark Allenbaugh as we delve into these questions and more on this week’s episode of Set for Sentencing!


  • The backstory of the Marilyn Mosby Prosecution;
  • Digging into the sentencing data and the facts to determine whether her non-custodial sentence was warranted;
  • Critique of the sentencing memoranda (spoiler alert, the defense memo was F’ing fantastic);
  • In praise of the Federal Public Defender;
  • Gender disparity at sentencing;
  • Walking the tightrope of using your kids as mitigation;
  • Why lawyers should be less scared about going to trial;
  • Remember that the guidelines actually suggest NON-CUSTODIAL sentences for ALL first time offenders!;
  • Arguing collateral consequences at sentencing;
  • Navigating the pitfalls of not accepting responsibility after trial.




“The 3Rs of Sentencing Narrative”:  In this I make a few references to something I call “relativity” and “redemption” stories, which are 2 of the “3Rs” of sentencing. If you’d like to dig into the full 3Rs:


Check out this episode!

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