Federal Sentencing Tips


Sentencing May Change with Two Kennedy Clerks on High Court

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 imprisonment by years and even decades. For the reasons we discuss in this article published by Law360, should Judge Kavanaugh be confirmed, we believe the “Kennedy clerks” will likely lead the court to finally rein in relevant conduct by holding unconstitutional the use of uncharged and acquitted conduct to enhance federal sentences.

Read the article here.

About Alan Ellis
Alan Ellis is a criminal defense lawyer with offices in San Francisco and New York, with 50 years of experience as a practicing lawyer, law professor and federal law clerk. He is a nationally recognized authority in the fields of federal plea bargaining, sentencing, prison matters, appeals, habeas corpus 2255 motions and international criminal law.

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