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…
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…
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…