Manifest Injustice: Hunter, Hemani, & Buh-Bye Blanche

🎙️ NEW EPISODE: The Supreme Court just moved the goalposts on federal sentencing — and the next AG fight starts now. If federal defendants could trust that pleading guilty meant a predictable outcome, then the system would actually function the way it’s sold to them. ⚖️ But SCOTUS just complicated that bargain.  In Hunter, it…

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New Compassionate Release Cases: Is the Door to Freedom Shrinking?

With the First Step Act of 2018 came the great hope of expanded grounds and use of “Compassionate Release.”   Judges were offered the promise of wider discretion to give deserving clients a second look at sentencing. But, the Supreme Court just made compassionate release a whole lot harder to get, because in two back-to-back decisions…

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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…

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Pre-Sentence Reports

The pre-sentence report is arguably the most crucial sentencing document. Not only does it serve as a vital tool for judges during sentencing, but it also acts as the “bible” that the Bureau of Prisons (BOP) relies on to make critical decisions about our clients. Unfortunately, many lawyers struggle to properly prepare their clients or…

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