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…
Fool For a Client: Michael Avenatti Sentencing Post-Mortem
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Let’s call this part-two of our long days journey into the night of several recent high profile federal setnencings. Continuing our conversation from last week (Sunny Bulwani), we dig in to the sentencing of the very public and tragic fall of attorney Michael…
Sunny Balwani (Elizabeth Holmes co-defendant) Sentencing Post-Mortem: The “ABCs” of Federal Fraud Sentencing
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! In this case, we deal with the “ABCs” of federal fraud sentencing, meaning, we’re doing a deep comparative analysis of three recent high profile cases: MICHAEL AVENATTI, SUNNY BALWANI, and JULIE & TODD CHRISLEY. I never ceased to be amazed by the miraculous…
Elizabeth Holmes: Sentencing Post Mortem
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! On Friday, 11/18/22, a federal judge sentenced Elizabeth Holmes to over eleven years in prison. Ms. Holmes was convicted after trial of a “fake it ’till you make it” fraud involving her company Theranos, and the revolutionary blood testing technology dream machine that…
Your Voice Matters: Priorities for the Newly Minted Federal Sentencing Guidelines Commission
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! For the first time in nearly four years, there is a fully staffed, fully functioning United States Sentencing Guidelines Commission. They have published a list of priorities for the 2022-23 cycle and are soliciting public comments until Oct. 17, 2022. But many may…
Even Stephen: The Skinny on Steve Bannon’s Sentencing
Watch this episode on YOUTUBE, on APPLE PODCASTS, or wherever you get your podcasts! Steve Bannon is set for sentencing on Oct. 21, 2022, after a jury found him guilty of two counts of Contempt of Congress. But, like many of the recent Trump-adjacent prosecutions, we are in uncharted waters. Therefore, helping us get Set for Sentencing…