Federal Sentencing Tips

Feb

Trump Is Right About Stone Sentencing, For Wrong Reasons

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 a “miscarriage of justice.” As a result, the government, rather controversially, backed off that recommendation and now suggests that a sentence between 37 and 46 months would be “more in line with the typical sentences imposed in obstruction cases.”

Despite the U.S. Department of Justice’s written policy that prosecutors should recommend “in most cases” a sentencing within the sentencing guidelines, and despite the obvious conflict of interest with regard to Stone, Trump was right to be outraged over the guidelines’ recommendation, but for the wrong reasons.

Click to read the full article.

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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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