Sentencing Tips

Nov

In this article published by Bloomberg Law White Collar Crime Report, Alan Ellis and Mark Allenbaugh discuss the proposed amendment to the U.S. Sentencing Guidelines regarding acceptance of responsibility and challenging relevant conduct. Ellis and Allenbaugh argue that any revised commentary to U.S.S.G. § 3E1.1 should make clear that challenges to relevant conduct, as well as arguments in favor of ...

Sep

Earlier this year, Alan Ellis interviewed Elliot Atkins, Ed.D., a noted forensic psychologist. The highlights of the interview are included in this article, which is intended to provide defense counsel with strategies for more effectively educating the Court about the client whose mental and emotional functioning may have contributed to the commission of the offense. A substantially similar version of this ...

Sep

For the past year and a half, Alan Ellis has interviewed almost two dozen federal judges, discussing with them their philosophies on and advice for lawyers representing clients at federal sentencing. Mr. Ellis saw a pattern across the viewpoints of the judges: they are not getting the information they need during the sentencing phase of a case. Some of the ...

Apr

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.

Mar

Reproduced with permission from Bloomberg BNA's White Collar Crime Report, 3/31/2017 Alan Ellis and Mark Allenbaugh discuss the proposed amendment to the U.S. Sentencing Guidelines regarding acceptance of responsibility and challenging relevant conduct. The authors argue that any revised commentary to U.S.S.G. § 3E1.1 should make clear that challenges to relevant conduct, as well as arguments in favor of departures and ...

Mar

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 ...

Mar

This article, published by Law360, reviews a key opinion authored by Judge Gorsuch as it pertains to federal sentencing — United States v. Sabillon-Umana, 772 F.3d 1328 (10th Cir. 2014) — and the effect it already has had on recent U.S. Supreme Court sentencing jurisprudence. The authors believe that should Judge Gorsuch be confirmed, he will have not just a ...

Jan

The U.S. Sentencing Commission Continues to Make Fundamental Fixes to the Sentencing Guidelines  By:  Alan Ellis and Mark H. Allenbaugh  On April 15, 2016, following last year’s important amendments to relevant conduct, mitigating role, and fraud guidelines, the U.S. Sentencing Commission voted to continue to make fundamental fixes to the U.S. Sentencing Guidelines (USSG) that have long been in need of repair. ...

Jun

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 ...

Apr

This compilation contains unofficial text of amendments to the sentencing guidelines, policy statements, and commentary submitted to Congress, and is provided only for the convenience of the user. Official text of the amendment can be found on the Commission’s website at www.ussc.gov and will appear in a forthcoming edition of the Federal Register.   Click ...

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