DePape (Pelosi Attacker) Sentencing Post-Mortem

It shocked the nation when David DePape, driven by insane QAnon conspiracy theories, violently attacked Paul Pelosi, husband of former Speaker Nancy Pelosi.   A federal judge recently sentenced DePape to 30 years in prison.  With that de facto life sentence looming, we uncover a legal twist: the judge’s oversight during sentencing denied him the chance…

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Trump on Trial

Today history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us get set for sentencing is a superb New York criminal defense attorney, Richard…

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Guidelines Blues: The Commission’s Next Moves

The United States Sentencing Commission is gearing up to make their recommendations for the next round of amendments.  It’s the follow-up album to their first hit record, which included memorable songs such as ” The Zero Point Offender Boogie”, and “Release Me (Compassionately)”.  The real question is can they top their debut with their sophomore…

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A Child’s Poison: Lead Poisoning as Sentencing Mitigation with Dr. Ted Lidsky

The government often weaves false sentencing narratives about our clients:  they are born bad, uncontrollably violent, no concern for others, no respect for the law.  There’s always a more truthful, powerful, and humanistic story to tell.  And in some of those cases that story could be LEAD POISONING! The fact is, the probability of those…

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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…

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Stewart Rhodes Seditious Conspiracy Sentencing Post-Mortem

After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the “OathKeepers” was given the longest sentencing to date for any 1/6 defendant. Here, we monday-morning quarterback every aspect of Rhodes’ sentencing.  There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. …

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