In this article, published in Bloomberg Law's Criminal Law Reporter and White Collar Crime Report, Alan Ellis and Mark Allenbaugh discuss the importance of effectively using statistics in federal sentencing to avoid unwarranted disparities. The authors provide an overview to practitioners on how to best use the data in mitigation of punishment. Click to read the article.
Plea Bargained vs. Open Pleas: What the Data Reveal By Alan Ellis, Esq., and Mark H. Allenbaugh, Esq. Federal Rule of Criminal Procedure 11 governs guilty pleas for federal criminal defendants. This expert analysis examines the raw sentencing data published by the U.S. Sentencing Commission regarding the types of pleas defendants enter and the sentences they receive. In particular, we examine the number ...
This article is meant to serve as an easy-to-read primer to help lawyers understand federal sentencing. Over 25 years ago, before the Sentencing Guidelines went into effect, a federal judge could, with a few exceptions, sentence a convicted defendant to anything from probation to the statutory maximum. All that changed when the Sentencing Guidelines went ...
By Alan Ellis, Mark H. Allenbaugh, Robert Hunter, and Douglas C. Crawford Click for the PDF version. When imposing a sentence, the US Sentencing Guidelines (USSG) instruct judges to consider and weigh two distinct aspects of the crime: “the nature and circumstances of the offense and the history and characteristics of the defendant.” ...
By Alan Ellis and Mark H. Allenbaugh Click for the PDF version of this article. INTRODUCTION According to the U.S. Sentencing Commission, federal prosecutions of child pornography possession, distribution and production offenses rose more than 2000% since 1992. This is far and away the fastest growing prosecution rate of any of the major offense ...
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. ...
Click for the PDF version of this article. Approximately 97 percent of all federal criminal defendants plead guilty. Seventy-five percent of the others who proceed to trial are convicted. Almost 99 percent will ultimately be sentenced. Over 87 percent will be sentenced to prison. Thus, for most offenders the three key concerns are: “How much time am ...
Attorneys can take advantage of clarifying amendments after November 1, 2015, certainly at sentencing and on direct appeal (ideally if raised in the district court below) inasmuch as the amendments merely clarify pre-existing Guidelines language. New counsel may even arguably raise them in the context of an ineffective assistance of counsel claim pursuant to 28 U.S.C. §2255 in the event ...
Approximately 97% of all federal criminal defendants plead guilty. Of those who proceed to trial, 75% are convicted. Almost 99% will ultimately be sentenced. Over 87% will be sentenced to prison. Thus, for most offenders “How much time am I going to do?”,”Where am I going to do it?” and “How soon am I going to get home?” are the ...
Approximately 94 percent of all federal criminal defendants plead guilty. Seventy-five percent of the remaining individuals who proceed to trial are convicted. There is, therefore, a 97 percent chance that a person charged with a federal crime will ultimately face a judge for purposes of sentencing. For most individuals "How much time am I going to do?" and "Where am ...
