Category Archives: Federal Sentencing
U.S. Supreme Court Curtails Use of Safety Valve to Avoid Federal Mandatory Minimums
In a complicated and convoluted March 15, 2024 decision,Pulsifer v. United States, the U.S. Supreme Court upheld an Eighth Circuit Court of Appeals’ interpretation…
U.S. Sentencing Commission Removes “Acquittals” From Relevant Conduct
On April 14, 2024, the United States Sentencing Commission (USSC) unanimously voted to pass a package of federal sentencing reforms dealing with acquitted conduct…
Weight of Commentaries to Federal Sentencing Guidelines
The laws and guidelines governing federal sentencing have two things in common: uncertainty and complexity. This was made clear last July 24, 2023, when…
The Importance of a Federal Sentencing Memorandum
A defendant’s federal sentencing memorandum aims to secure the best sentence possible for the defendant. Its value lies in the opportunity the memo gives…
Federal Sentencing: An Uncertain Landscape with Potential Landmines
FEDERAL SENTENCING: AN ALWAYS UNCERTAIN LANDSCAPE The Sentencing Reform Act (SRA) was part of the Comprehensive Crime Control Act of 1984. The SRA abolished…
Sentencing Disparities in Criminal Courts Illustrate Unfairness
Sentencing disparity is systemic in the American judicial system. There are three primary causes for this disparity: race, economic status, and judicial bias. White…
Insurrection Arrests, Prosecutions, and Sentences Illustrate Racial Disparity
As of August 11, 2021, 570 people had been arrested in connection with the January 6 insurrectionist takeover and plundering of the U.S. Capitol…
Flynn Case Strains “Interests of Justice”
The term “in the interests of justice” is difficult to define precisely. Prosecutors, attorneys, and judges all have a different perspective of what serves…
Madoff Requests Compassionate Leave from Prison
Former New York City financier Bernie Madoff is serving a 150-year term in the federal prison system following guilty pleas to multiple charges involving…
Cruel and Unusual Justice: A Historical, Surging American Phenomenon
In August 2017, Willie Nash was arrested on misdemeanor charges and placed in the Newton County Jail in Decatur, Mississippi. Nash was in possession…
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