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: …
Acquitted Conduct Revisited: Mmmmm… Flavors of Evil
WATCH ON YOUTUBE, or LISTEN ON APPLE PODCASTS, SPOTIFY, or wherever you get your podcasts! If you wanna feel really dim, spend an hour or so trying to debate the fine points of federal constitutional law with Prof. Doug Berman and Mark Allenbaugh. We had to come back to the issue of how the guidelines…
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)…
PRESUMED GUILTY: Using Acquitted, Dismissed, and Uncharged Conduct to Increase Sentences.
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! In a perfect world, the presumption of innocence is sacrosanct. If you are found not guilty by a jury, common sense and the constitution dictate that acquitted conduct should not later be used to enhance your sentence on other charges. But in federal…
This Week in Sentencing News: Pot Pardons & Nikolas Cruz
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Helping us get Set for Sentencing, Professor Doug Berman, author of the Sentencing Law and Policy Blog. Prof. Berman helps us make sense of two major sentencing events of the past week – President Biden’s blanket pardon for federal marijuana possession and a…
The Devil You Know: The “Funny Math” of the Guidelines, Proposed Fixes, and Lessons Learned From Capital Defense.
Helping us get Set For Sentencing, Prof. Douglas Berman. He is is the Newton D. Baker & Hostetler Chair in Law and Executive Director of the Drug Enforcement and Policy Center, housed in the Moritz College of Law of The Ohio State University. Professor Berman is the creator and author of the widely-read and widely-cited blog, Sentencing Law…