A Look ahead: Sentencing Developments for 2026
There were big changes in federal sentencing in 2025, and more on the horizon for 2026. So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com. IN THIS EPISODE: Doug’s Tequila of choice: …
For My Enemies, the Law
More than ever, we live in a country of selective justice. Some commit crimes with impunity and others are forced to run the gauntlet. The events of last week contain many stark examples, from prosecutions to pardons. Mark Allenbaugh and I couldn’t wait until the new year to talk about it. So, here’s one last…
Anchor’s Aweigh: New Policies and New Proposed Guidelines Find Us Unmoored in 2025
I call this episode “Anchor’s Aweigh” for two reasons. First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded “anchoring effect” of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will likely be the biggest change in guideline sentencing since Booker was…
The Truth About the Presidential Pardon Power With Margaret Love & Mark Allenbaugh
It’s January 2025, and we’re in the final days of the Biden administration. He has had a busy last month or so issuing pardons and commutations. This unfettered power is rightly scrutinized but often misunderstood. The bigger problem is, the whole damn process appears to be broken. And although Pres. Biden has done some good…