U.S. Sentencing Commission’s 2018 Amendment Cycle: Holdovers Pertaining to Acceptance of Responsibility, First Offenders
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 departures and variances, should not necessarily preclude a downward adjustment for acceptance of responsibility. The two authors also discuss the proposed amendment for first offenders and alternatives to incarceration.