Sentencing Tips

Mar

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 ...

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 ...

Feb

The U.S. Supreme Court will soon decide whether to review a case involving sentencing of Vincent Asaro, a long-time capo for the Bonanno crime family. Federal sentencing and prison experts Alan Ellis and Mark Allenbaugh say if the court ultimately finds the presumption of innocence precludes not just the use of acquitted conduct, but of uncharged and acquitted conduct, it ...

Feb

By Alan Ellis and Mark Allenbaugh (February 18, 2020) President Donald Trump recently voiced his ire, via Twitter, about the government’s recommendation to U.S. District Judge Amy Berman Jackson that Roger Stone be sentenced according to the U.S. sentencing guidelines advisory sentencing range of 87 to 108 months (a little more than seven to nine years). The president called such a recommendation ...

Dec

In this article published by Law360, Alan Ellis and Mark Allenbaugh discuss the issues around sentencing judges, and not juries, considering uncharged, dismissed and even acquitted conduct for purposes of enhancing a defendant's sentence. 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

Bloomberg Law Insights published an article by Alan Ellis and Mark Allenbaugh titled, "Manafort’s Sentencings—A Clarion Call to Re-Calibrate U.S. Sentencing Guidelines." In their article, Ellis and Allenbaugh discuss why Paul Manafort's two sentences illustrate the fact that federal ...

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 ...

Jan

Federal criminal sentencing experts Alan Ellis and Mark Allenbaugh dissect the First Step Act of 2018, a new bipartisan federal prison reform law. In Part 1 of a three-part series, the authors focus on the significant expansion of the “safety valve;” the reduction of mandatory minimum penalties for second and third-strike offenders; the elimination of a particular draconian ...

Dec

Law360 is publishing a series of articles written by Alan Ellis. The series is part of the Expert Analysis section of Law360's White Collar Crime practice category. For the series, Mr. Ellis interviewed federal judges at length and asked them to share some dos and don'ts for lawyers and their clients who appear before them at sentencing, as well as ...