Newsletters

Feb

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 ...

Oct

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. Click to read the article.

Oct

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. Click to read the article.

Mar

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 ...

Feb

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 ...

Jul

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 ...

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 ...

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