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…
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…
When Justice Depends on It: The Need for Professional Standards for Mitigation in All Criminal Cases
Mitigation has been an integral part of death penalty defense for decades and there are minimum standards that apply in that context. When an early and thorough mitigation workup occurs, good things happen. But, many non-capital attorneys don’t recognize the need to adopt this approach in their everyday criminal matters. Without good mitigation, even in…
Indian Country: A Glimpse into Tribal and Federal Indian Criminal (In)Justice
The criminal justice system is a tool of social control. And no where is that more evident than on our nation’s Indian reservations. American Indians have been the targets of the wrath of the criminal process since the day a renegade Sioux warrior Crow Dog shot Chief Spotted Tail dead in the late 1800’s. We…
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…
Year of the Dragon: Sentencing Guideline New Year’s Cheers & Jeers
Imperfect 10: Why thousands will be deemed ineligible for the ZPO and what to do about it
On Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO). It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced. BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”? Because of…
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…
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. …
Overcoming Impossible Odds at Sentencing (Fearless Lawyering, Vol. 3, with Joel Meyers)
What can you do when your client with two prior felony drug convictions gets arrested and charged for a new and very serious drug trafficking offense? Most lawyers, looking at this history, the substantial weight of drugs involved, a pile of money, and a gun, would resign themselves to epic defeat. This man was facing…