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…
Guideline Tricks & Treats: A Rundown of All New Sentencing Guideline Amendments That Took Effect on 11/1/23
The day after Halloween, all of the proposed guideline changes went into effect! We’ve talked about many of them in detail on previous podcasts, but here, we do a quick run-through of all eigiht categories of amendments. So what’s in our candy bags the day after? Well, in truth, most of what we got were…
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…
Imperfect 10: Why thousands will be deemed ineligible for the ZPO and what to do about it
On Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO). It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced. BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”? Because of…
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…
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,…