Sentencing Tips

Jun

Attorneys can take advantage of clarifying amendments after November 1, 2015, certainly at sentencing and on direct appeal (ideally if raised in the district court below) inasmuch as the amendments merely clarify pre-existing Guidelines language. New counsel may even arguably raise them in the context of an ineffective assistance of counsel claim pursuant to 28 U.S.C. §2255 in the event ...

Jun

By Alan Ellis and Mark H. Allenbaugh This is the fourth and final newsletter in a four-part series regarding the April 9, 2015, vote by the U.S. Sentencing Commission to fundamentally fix some portions of the U.S. Sentencing Guidelines. These fixes will become final on November 1, 2015, if Congress does not act to the contrary. The prior newsletters reviewed ...

May

By Alan Ellis and Mark H. Allenbaugh This is the third newsletter in a four-part series regarding the April 9, 2015, vote by the U.S. Sentencing Commission to fundamentally fix some portions of the U.S. Sentencing Guidelines. These fixes will become final on November 1, 2015 if Congress does not act to the contrary. The prior newsletters reviewed ...

May

by Alan Ellis and Mark H. Allenbaugh This is the second newsletter in a four-part series regarding the April 9, 2015, vote by the U.S. Sentencing Commission to fundamentally fix some portions of the U.S. Sentencing Guidelines. These fixes will become final on November 1, 2015 if both Houses of Congress do not act to the contrary. The prior newsletter reviewed ...

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 ...

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 ...

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 ...

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 ...

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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