2024 United States Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre
On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts to nothing more than “Kabuki Theatre,” meaning the tortured guideline applications become merely performative, because 18 U.S.C. § 3553, enables discerning…
BOP Programming With Dr. Alix McLearen
We’ve spent a lot of time running down the BOP, and not without good cause, BUT we don’t give as much attention as we should to the positive things happening inside those walls. Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with special needs. Therefore, helping us get set…
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…
David DePape (Pelosi Attacker): Guidelines & Mitigation Breakdown
Bureau of Prisons (BOP) Means “Backwards on Purpose”
What is the purpose of prison? Most people think the very fact of being removed from society, loved ones, and life in general, is the punishment. But that’s only the beginning. Once you get inside the walls of the BOP, the real punishment begins. Intentionally or not, those in charge of BOP facilities make the…
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)…
Sunny Balwani (Elizabeth Holmes co-defendant) Sentencing Post-Mortem: The “ABCs” of Federal Fraud Sentencing
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! In this case, we deal with the “ABCs” of federal fraud sentencing, meaning, we’re doing a deep comparative analysis of three recent high profile cases: MICHAEL AVENATTI, SUNNY BALWANI, and JULIE & TODD CHRISLEY. I never ceased to be amazed by the miraculous…
Even Stephen: The Skinny on Steve Bannon’s Sentencing
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Steve Bannon is set for sentencing on Oct. 21, 2022, after a jury found him guilty of two counts of Contempt of Congress. But, like many of the recent Trump-adjacent prosecutions, we are in uncharted waters. Therefore, helping us get Set for Sentencing…
MAR-A-LAGO-ING TO PRISON? (Worst Case Scenarios if DJT ends up in the BOP)
We are all still reeling from the monumental events at Mar-a-Lago last week. Everyone is presumed INNOCENT until proven guilty and there’s still so much we don’t know about what’s going on. But the search and seizure of the former president’s residence is unprecedented & historic. Therefore, it’s important to consider the potentially monumental sentencing…
Digging Deep With Defense Maps
Understanding, let alone telling, your client’s story can be a daunting task. Lawyers often lack the time and resources to peel back the layers of a client’s life and properly put their offense in context. Thankfully, they now have a free, powerful, comprehensive and confidential tool to help get the job done – Defense Map.…