Sentencing Tips

May

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 3 of this three-part series, they examine the pilot program offering early release and expanded home confinement to elderly and terminally ill prisoners.

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

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? Click to read the article.

Jul

At the time then-judge Gorsuch was nominated to the Supreme Court by President Trump, we wrote about his position on "relevant conduct." A year later, President Trump has nominated Judge Brett Kavanaugh to take the seat of retiring Justice Kennedy. Judge Kavanaugh shares the concerns of Justice Gorsuch on the impact judge-found facts drive federal sentencings, often increasing terms of ...

Jun

The federal presentence investigation report (PSR) is the document most heavily relied on by a judge in imposing sentence—particularly in those cases where a guilty plea has been entered and the court knows little about the defendant. It also is the document that the Federal Bureau of Prisons (BOP) relies on in making designations and placements and many other decisions ...

May

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 ...

Jan

U.S. District Judges Frederic Block of the Eastern District of New York and Charles R. Breyer of the Northern District of California in San Francisco are legendary sentencing judges. Read their views on sentencing in this article, Part 10 of the Law360 series, "Views from the Bench," by Alan Ellis. Click to read the article.

Jan

In this article, published in Bloomberg Law's White Collar Crime Report, Alan Ellis, Mark Allenbaugh and Doug Passon discuss the recent U.S. Supreme Court decision examining the use of acquitted conduct at sentencing. The authors argue that based on the high court’s ruling, only facts arising out of a final conviction, and not elements of acquitted, dismissed, or uncharged crimes, ...

Menu Menu