Seismic Shift: Big Changes to the Sentencing Guidelines & the Country

Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts.  At least for now. So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry…

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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…

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