Introduction to USSC Amendment 821 Part A & B: Zero Point Offender / Status Points Reductions

Amendment 821

Policy Priorities: The Commission discussed and voted on the final policy priorities for the period of 2023-2024. These priorities would guide the Commission’s work in establishing sentencing policies and practices for federal courts. Retroactivity of Parts A and B of the 2023 Criminal History Amendment: A significant decision involved voting on the retroactivity of Parts

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Bloomberg News Quotes Mark Allenbaugh Regarding Sentencing Commission Policy Test in the 6th Circuit Court of Appeals

Bloomberg Law asked our President and Chief Research Officer, Mark Allenbaugh, to weigh in on a significant legal challenge to the U.S. Sentencing Commission’s policy on compassionate release. This policy allows courts to consider nonretroactive changes in law when evaluating requests for sentence reductions, a critical tool for addressing outdated sentences. However, the U.S. Department of Justice (DOJ) argues that this policy exceeds the Commission’s statutory authority, claiming it effectively makes nonretroactive laws retroactive.

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Law360: Ex-Chicago Politician’s Case May Further Curb Fraud Theories

future of federal fraud

Will Thompson v. United States Redefine Fraud Laws?

The Supreme Court’s Thompson v. United States could redefine federal fraud law, specifically limiting charges to explicit falsehoods. Currently, misleading statements—even half-truths—are often treated as fraud, but Thompson challenges this interpretation, highlighting a split between circuits. If the Court narrows the definition, fraud prosecutions may only target direct lies, impacting both charges and plea deals.

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Post-Chevron: The End of Sentencing Guidelines: A New Era for Justice

In their thought-provoking guest article in Law 360, “Post-Chevron, Good Riddance to the Sentencing Guidelines,” co-authors Mark Allenbaugh, Doug Passon, and Alan Ellis dive deep into the implications of the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo. This landmark case has effectively dismantled the long-standing Chevron doctrine, which traditionally granted deference to agency interpretations of ambiguous statutes.

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