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…

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Making Sense of the Georgia Trump RICO Pleas (Vol. I)

Three lawyers (so far) have plead guilty in the Georgia State RICO case.   I had so many questions about what these pleas and sentencings really meant – for the lawyers who entered them, the remaining defendants, and the pending federal matters. But, I don’t practice in Georgia state court. Therefore, I put out the “bat…

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Sam Bankman-Fried: Is Autism the Missing Piece of Mitigation?

Sam Bankman Fried is almost certainly on the Autism Spectrum.  And, if his lawyers can fully understand ASD, they would have a better chance at acquitting their client by explaining to the jury why his actions may not have been nearly as intentional and  calculated as they seem.  Moreover, if he’s convicted, ASD would go…

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Danny Masterson Sentencing Post-Mortem

A jury convicted Danny Masterson of two counts of forcible rape in California state court, and the judge just sentenced him to thirty years.  It was a daunting task for his lawyers, because Masterson maintained his innocence to the bitter end.  If the lawyers could have successfully threaded that needle, then Masterson would have potentially…

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GOIN’ RETRO: Retroactive Application of ZPO and Status Point Amendments

The Zero Point Offender and Status Point modifications to the Sentencing Guidelines go into effect on November 1.  They are RETROACTIVE.  But not everyone knows whether they may benefit from the changes or how to go about getting that benefit.  Therefore, helping us get Set for Sentencing, Mark Allenbaugh, and Keith Hilzendeger to tell us…

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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…

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