In Sentencing in Chaos: How Statistics Can Harmonize the “Discordant Symphony,” Mark Allenbaugh, a former staffer with the U.S. Sentencing Commission and a leading expert on the Commission’s sentencing data, argues that sentencing judges should no longer look to the Guidelines’ Sentencing Table as the starting point to consider when imposing a sentence, but rather should consider what the sentencing ...
Judge Nancy Gertner was nominated by President Bill Clinton to the U.S.District Court for the District of Massachusetts. Her nomination was strongly supported by the late Sen. Edward Kennedy, D-Mass. She served until 2011, during which time she issued numerous opinions on sentencing issues and was widely published in the area. She currently is a senior lecturer on law at ...
With increasing frequency, attorneys are seeing clients, particularly in child pornography cases, who suffer from autism. There is a new Bureau of Prisons program for young autistic offenders called The Skills Program.
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This article which was the follow up to an article that I wrote for Federal Lawyer magazine in September 2017, is the first of a series of articles on judges’ views on effective sentencing advocacy.
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Federal sentencing and prison experts Alan Ellis, Mark Allenbaugh, and Nellie Torres Klein continue their look at the First Step Act of 2018, a new bipartisan federal prison reform law. In Part 2 of this three-part series, they review a long-awaited revision to the controversial method for calculating good conduct time credits, which may result in more granted ...
In a recent article for Law360, Alan Ellis, Mark Allenbaugh, Doug Passon and Jonathan Edelstein discuss United States v. Haymond, 869 F.3d 1153, a case before the Supreme Court on February 26, 2019. The court will determine whether the Constitution precludes a judge from imposing “heightened punishment on [defendants out on supervised release] based, not on their original ...
I’ve been practicing law for nearly 50 years. During that time, I have had a great deal of experience with judges who have been willing to share all manner of suggestions. This article presents some of their best advice for white-collar criminal defense attorneys whose clients are facing sentencing.
Minimize citations in your sentencing memorandum. For example, don’t cite or quote ...
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 ...
“The go-to guy in America for Federal Sentencing if you’re in deep trouble.”
KGO – ABC TV, San Francisco affiliate of ABC-TV
“[T]he best in the business.”
Chief Judge Jerome B. Simandle of New Jersey
“…I don’t want you to leave the witness stand without my thanking you for your efforts in writing the [Federal Prison Guidebook], which is a guidebook to the federal prison and which I refer to often when someone suggests a particular institution, I think it’s a fine source of up-to-date information.
Ravi Sinha, Trial Attorney – Criminal Division, U.S. Department of Justice, June 2015
“One of the foremost sentencing experts in America.”
Ephraim Margolin, Past President, National Association of Criminal Defense Lawyer
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Michael Bender – The Recorder
“He doesn’t have a huge ego and doesn’t think he’s God’s gift to elocution.”
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