Posts tagged with: "sentencing"
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29 Jan 2013, 4:09 pm
The question in the title of this post is prompted by this local report on a federal plea deal put together in a high-profile federal prosecution in Michigan. The article is headlined "Former Michigan Supreme Court Justice Diane Hathaway pleads... [read post]
28 Feb 2013, 10:42 am
Regular readers know that, often on the eve of a high-profile or unique sentencing proceeding, I urge folks to imagine being the judge and to propose a just and effective sentence for the defendant. (See, e.g., prior "you be the... [read post]
12 Mar 2013, 9:18 am
Regular readers are quite familiar with (and perhaps even tired of) the long-running debates over federal child pornography sentencing laws. But, as detailed in this local article from Wisconsin, headlined "New law limits judges' power in child pornography cases," similar... [read post]
7 Feb 2013, 7:33 am
As detailed in this Chicago Tribune article, federal prosecutors have found a white-collar case in which they think the federal guidelines are not tough enough. Here are the basics: In the spring of 2010, the city of Dixon was in... [read post]
29 Jan 2013, 6:59 am
I just received an e-mail promoting a notable new report just released by The Sentencing Project. Here is the full text of the e-mail, signed by Marc Mauer, which includes a link to the report: I am pleased to share... [read post]
27 Feb 2013, 8:06 am
A helpful reader alerted me to a notable ruling by a Sixth Circuit panel today in US v. Gamble, No. 11-5394 (6th Cir. Feb 27, 2013) (available here). Here is how the majority opinion gets started: In unrelated child pornography... [read post]
12 May 2013, 5:51 pm
The title of this post is the headline of this recent report concerning the projected price tag for a sentencing proposal being discussed as an approach to dealing with Chicago's gun violence. Here are the details: A bill designed to... [read post]
9 Jun 2013, 6:46 am
The title of this post is the headline of this local article discussing a significant federal sentencing decision handed down late Friday. Here are the basics: Sioux City-based U.S. District Judge Mark Bennett on Friday became one of a handful... [read post]
24 May 2013, 4:57 am
The title of this post is the headline of this notable new National Review commentary by David Keene, a former president of the National Rifle Association and the American Conservative Union, explaining why conservatives should support the Justice Safety Valve... [read post]
18 Feb 2013, 2:19 pm
Regular readers know that, often on the eve of a high-profile or unique sentencing proceeding, I urge folks to imagine being the judge and to propose a just and effective sentence for the defendant. (See, e.g., prior "you be the... [read post]
10 Apr 2013, 10:55 am
The title of this post is drawn from this early report via Jennifer Rubin of the Washington Post concerning Senator Rand Paul's notable policy speech today at Howard University. Here is some context and more content from Rubin's strong first-cut... [read post]
5 May 2013, 8:21 pm
Over the weekend, experienced lawyer and federal sentencing guru Mark Allenbaugh (firm website here) alerted me to what he called a "new and (again) excellent opinion by Judge Jack Weinstein" in U.S. v. D.M., 12-CR-170 (EDNY May 1, 2013) (available... [read post]
1 May 2013, 7:32 am
The question in the title of this post is prompted by this lengthy new Bloomberg article about the defense's sentencing submission in a high-profile, white-collar federal sentencing scheduled for later this month. The Bloomberg article is headlined "Chiasson Seeks Leniency... [read post]
27 Feb 2013, 7:08 pm
Regular readers know that I have never been a fan of the so-called "presumption of reasonableness" for within-guideline sentences adopted by some circuit courts after Booker . This is because, despite its repeated reference and application in the circuits which... [read post]
11 Jun 2013, 9:45 am
We’re still waiting on an affirmative action ruling, but yesterday the Supreme Court handed down an interesting decision on the Ex Post Facto Clause and the federal sentencing guidelines. Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Constitutional Law, Crime, Elena Kagan, Ex Post Facto, Federal Sentencing Guidelines, Marvin Peugh, Matt Kaiser, Peugh v. United States, SCOTUS, Sentencing, Sentencing Law, Supreme Court, U.S. Sentencing… [read post]
8 Jul 2012, 11:45 pm
Under the Sentencing Reform Act of 1984 the quantity of powder cocaine requiring a mandatory five year or ten year was 100 times the amount of crack cocaine requiring the same mandatory sentence. For example a five year mandatory sentence was triggered by either five grams of crack cocaine or 500 grams of powder cocaine. The tremendous ratio was decried by many including the United States Sentencing Commission. It was in part responsible for the outrageous percentage of African Americans in the… [read post]
20 Sep 2011, 8:46 am
By Nkechi Taifa, senior policy analyst for the Open Society Policy Center. She will discuss drug policy reform during two panel discussions at the Congressional Black Caucus Foundation’s Annual Legislative Conference this week.
For a quarter of a century mandatory minimum sentences have resulted in egregiously severe and harsh punishments which often do not fit the crime, have racially disparate outcomes, increase overcrowding, and exacerbate prison costs. These sentences are the result of a war… [read post]
5 Mar 2012, 9:11 pm
As I've mentioned before, one of the purposes of this blog is to raise the quality of representation by providing access to pleadings, documents and ideas that will hopefully improve the practice across the board. In that regard, today, the Transactional Records Access Clearinghouse posted online their new tool that allows users to access data regarding sentences imposed by judge, by district, by charge. Access does require a subscription. Diligent counsel should be able to work the relevant data… [read post]
9 Dec 2010, 8:34 am
The federal sentencing guidelines require a prison sentence in many circumstances. However, on occasion, the guidelines direct the court to sentence the defendant to a term of probation.
In cases where probation is available, it is usually because the defendant has no prior convictions or criminal background, and the case was the defendant’s first arrest.
Probation is generally not available as a sentence because the Sentencing Reform Act of 1984 almost eliminated it. The Sentencing Reform Act,… [read post]
7 Jan 2013, 6:30 am
According to reports, three major players behind Minnesota’s second-largest Ponzi scheme were recently sentenced to a total of 57 1/2 years in prison and ordered to pay more than $155 million in restitution.
Jason “Bo” Beckman, described as a kingpin, received 30 years in prison. Co-conspirator Gerald Durand got 20 years. And Christopher Pettengill, who testified for the prosecution against his former colleagues, got 7 1/2 years.
The sentencing of a fourth defendant, Patrick Kiley,… [read post]