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…
Reign of Terror: Tesla, Luigi Mangione, & Beyond
I’m back. I’ve been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, “On Tyranny”, Timothy Snyder warns: “Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal…
The Truth About the Presidential Pardon Power With Margaret Love & Mark Allenbaugh
It’s January 2025, and we’re in the final days of the Biden administration. He has had a busy last month or so issuing pardons and commutations. This unfettered power is rightly scrutinized but often misunderstood. The bigger problem is, the whole damn process appears to be broken. And although Pres. Biden has done some good…
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…
The Future of Federal Fraud with Mark Allenbaugh
We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients. And keeping abreast of all major developments in the law is paramount to a successful legal practice. But there’s one thing every lawyer needs, and it does not exist – a crystal ball. If we were…
The BOP Horror Show & What We Can Do About It
It’s not even October yet, but this episode feels tailor made for Halloween. It’s no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing. And the stories of deprivation and death inside the walls of the BOP abound. But lawyers are not telling these stories enough at sentencing, and as a result, Judges often…
Marilyn Mosby Sentencing Post-Mortem
Marilyn Mosby, Baltimore’s former top prosecutor, made headlines for her bold actions during her tenure. She fearlessly took on the Baltimore police, charging those involved in Freddie Gray’s death, and advocated controversial positions, including refusing to prosecute low-level drug offenders. However, her own legal journey took an unexpected turn. Accused of federal fraud violations, she…
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…
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…
