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 ...
In part 12 of the Law360 Views from the Bench series, Alan Ellis shares insights from three judges when responding to Mr. Ellis' question: What can an attorney do when faced with representing a client who has committed a reprehensible offense with a lengthy criminal record?
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Some of the more interesting insights that I’ve received from judges whom I’ve interviewed for this series have come from those who were criminal defense lawyers. This article focuses exclusively on the information shared by four judges with the unique perspective of both the stage manager and the audience.
(1) Judge Robert N. Scola, Jr., from the Southern District of Florida ...
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 ...
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