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…
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…
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)…
Stewart Rhodes Seditious Conspiracy Sentencing Post-Mortem
After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the “OathKeepers” was given the longest sentencing to date for any 1/6 defendant. Here, we monday-morning quarterback every aspect of Rhodes’ sentencing. There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement. …
The Zero Point Offender Guideline Amendment: The ZIPPO IS ON FIRE!
Yes, we came up with a pithy name we are sure will catch on for the new and VERY consequential US sentencing guideline amendment which allows a 2-level reduction for those with zero criminal history points and who aren’t excluded based on several listed criterion. This amendment is a BIG DEAL, and will be retroactive,…
JSIN: Will “Judicial Sentencing Information” Mutilate the Stats or Slash Sentences?
The US Sentencing Commission created “JSIN” (sounds like “Jason”) as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm our clients? Therefore,…
BIG Guideline Changes on the Horizon (With Mark Allenbaugh)
On April 5, 2023, the United States Sentencing Commission voted to make several substantive changes to the federal sentencing guidelines. If approved (or not acted upon) by Congress, some of the most significant amendments in recent memory will go into effect on Nov. 1, 2023. These changes will effect anyone currently pending sentencing in federal…
Three Years of Hell: Responding to the Bureau of Prison’s Abysmal Failures in Preventing, Treating, and Reporting Covid.
March 19, 2023 is the 3-year anniversary of the first recorded Covid infection in the Federal Bureau of Prisons. But the true story has not been told of the BOP’s failure to protect inmates and prevent the spread of the virus with all of its deadly, disastrous, and long-term consequences. Therefore, it is imperative that…
PRESUMED GUILTY: Using Acquitted, Dismissed, and Uncharged Conduct to Increase Sentences.
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! In a perfect world, the presumption of innocence is sacrosanct. If you are found not guilty by a jury, common sense and the constitution dictate that acquitted conduct should not later be used to enhance your sentence on other charges. But in federal…
The Chrisleys Did NOT Know Best: Sentencing Post-Mortem
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! It was a long wacky December in the world of federal sentencing. I can’t remember a month with more high profile proceedings, and Mark Allenbaugh (www.sentencingstats.com) and I covered all of it in a marathon, 4-hour session. Here is part 3, dissecting the…