Author Archive

Jan

In this article, published in Bloomberg Law's White Collar Crime Report, Alan Ellis, Mark Allenbaugh and Doug Passon discuss the recent U.S. Supreme Court decision examining the use of acquitted conduct at sentencing. The authors argue that based on the high court’s ruling, only facts arising out of a final conviction, and not elements of acquitted, dismissed, or uncharged crimes, ...

Dec

Rule 35 and Prior State Sentences United States v. Hankton, No. 16-31126 (5th Cir. Nov. 16, 2017) In Hankton, defendants, at their federal sentencings, had the time they had served on prior, related state sentences credited toward their federal sentences. Quoting Hank Sadowski, former and now-retired Bureau of Prisons’ Regional Counsel, who has written and lectured extensively on the subject ...

Nov

Provided by the Federal Bureau of Prisons, the Residential Drug Abuse Program (RDAP) is a rigorous, residential drug treatment program for U.S. federal prisoners. Each institution's RDAP staff determines eligibility and requires that an inmate has a verifiable documented narcotic drug, prescription drug, or alcohol abuse problem in their Presentence Investigation Report. See the full list of RDAP ...

Nov

This table, prepared by the Federal Defender Program of Chicago in 2001, is a useful predictive tool. It is not an official BOP document and should not be relied on as such. Please note that good time credits do not apply to sentences of one year of less. Click to see the Good Time Credit Calculation Table.

Nov

In this article published by Bloomberg Law White Collar Crime Report, Alan Ellis and Mark Allenbaugh discuss the proposed amendment to the U.S. Sentencing Guidelines regarding acceptance of responsibility and challenging relevant conduct. Ellis and Allenbaugh argue that any revised commentary to U.S.S.G. § 3E1.1 should make clear that challenges to relevant conduct, as well as arguments in favor of ...

Nov

Attorneys Alan Ellis and Karen L. Landau discuss ways in which federal criminal defendants, who have been convicted of a crime, either after a guilty plea or a trial, may challenge a conviction or sentence. The article, which first appeared in the Criminal Justice, Spring 2002 Edition, answers the following questions: Who is entitled to a direct appeal? What issues ...

Nov

Attorney Alan Ellis and Todd Bussert outline areas about which defense counsel should be aware in order to afford clients the greatest opportunity for post conviction relief. In this article, originally published in Criminal Justice, Volume 25, Number 1, Spring 2010 by the American Bar Association, they explore ethical constraints on defense counsel’s ability to advise clients and to shield ...

Nov

Attorneys Alan Ellis and James H. Feldman, Jr. discuss how the §2255 and §2241 motions are applied to prisoners in custody to vacate their convictions or sentences. Originally published by the National Association of Criminal defense Lawyers, the article answers the following questions: Who can file a §2255 motion? What issues can be raised in a §2255 motion? How does ...

Nov

Attorney Allan Ellis discusses the the four-level scale the Bureau of Prisons (BOP) employs in the designation process that seeks to correlate prisoners’ perceived medical needs to resources, both at institutions and in their corresponding communities. Learn more about the criteria the BOP uses to determine how federal inmates are classified into the four medical levels and how community medical ...

Nov

Attorney Alan Ellis and J. Michael Henderson share questions and answers commonly asked when offenders enter the federal prison system. Supplemental information is provided by Phillip S. Wise, retired Bureau of Prisons Assistant Director, Health Services Division. Questions include: Will each offender be placed at a particular federal prison of their choice, and close to their family? If an offender is ...

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