Alan Ellis Newsletters

Apr

by Alan Ellis and Mark H. Allenbaugh On April 9, 2015, the U.S. Sentencing Commission voted to fundamentally fix some portions of the U.S. Sentencing Guidelines that have long been in need of repair. These fixes will become final on November 1, 2015 if Congress does not act to the contrary. Of the 700+ amendments to the ...

Mar

Ensure Your Client Serves Time in the Best Facility Once a defense attorney understands how the system works, there are four things he or she can do to ensure that a client serves time in the best possible facility. Ensure the accuracy of the information on which the Bureau of Prisons (BOP) will rely to make its designation decision. Score the client and ...

Feb

Approximately 97% of all federal criminal defendants plead guilty. Of those who proceed to trial, 75% are convicted. Almost 99% will ultimately be sentenced. Over 87% will be sentenced to prison. Thus, for most offenders “How much time am I going to do?”,”Where am I going to do it?” and “How soon am I going to get home?” are the ...

Feb

In the criminal justice system, approximately 94 percent of all federal criminal defendants plead guilty. Seventy-five percent of the remaining individuals who proceed to trial are convicted. There is, therefore, a 97 percent chance that a person charged with a federal crime will ultimately face a judge for purposes of sentencing. For most individuals “How much time am I going ...

Jan

Approximately 94 percent of all federal criminal defendants plead guilty. Seventy-five percent of the remaining individuals who proceed to trial are convicted. There is, therefore, a 97 percent chance that a person charged with a federal crime will ultimately face a judge for purposes of sentencing. For most individuals "How much time am I going to do?" and "Where am ...

Nov

The federal presentence investigation report (PSR) is crucial for two purposes: First, it is the document most heavily relied on by the judge in imposing sentence—particularly in those cases where a guilty plea has been entered and the court knows little about the defendant. Had the defendant gone to trial, the court would have more information about the individual—or at ...

Apr

By Alan Ellis, Todd Bussert, and Mark Allenbaugh Approximately 94 percent of all federal criminal defendants plead guilty. Seventy-five percent of the remaining individuals who proceed to trial are convicted. There is, therefore, a 97 percent chance that a person charged with a federal crime will ultimately face a judge for purposes of sentencing. “How much time am I going to ...

Oct

Among all types of federal offenses, child pornography inherently elicits the most visceral reaction. As the Internet and other technologies have allowed greater access to videos and photographs of child pornography, detection and prosecution has increased, with states and the federal government devoting substantial resources toward the investigation and prosecution of such offenses. Since the mid-1990s, referrals, prosecutions, and convictions for ...

Oct

By Alan Ellis, Todd Bussert, and J. Michael Henderson Approximately 94 percent of all federal criminal defendants plead guilty. Seventy-five percent of individuals who proceed to trial are convicted. Accordingly, there is a 97 percent chance that a person charged with a federal crime will ultimately face a judge for purposes of sentencing. For most, "How much time an I going ...

Jul

By Alan Ellis and Tess Lopez In fall 2009, a client was facing sentencing in a small town after a lengthy trial. Not only was he facing sentencing in a case that had attracted national attention, he also faced an unsympathetic local community as well as an antagonistic press. It was clear to our defense team that a unique approach was ...

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