On November 1, 2024, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial.

However, ultimately, this process amounts to nothing more than “Kabuki Theatre,” meaning the tortured guideline applications become merely performative, because 18 U.S.C. § 3553, enables discerning judges to overlook the sentencing recommendations provided by the guidelines.

Thus, it is crucial to be informed about these amendments to argue effectively whether and how they should be considered in the final analysis.

IN THIS EPISODE:
-Some eye-popping facts and stats after forty years of guideline sentencing; Relevant conduct amendment to now exclude acquitted conduct (but it comes with a big but…)
-Possibility that new litigation may void the Kisor fix because of commission overreach by overriding congress and/or resolving circuit splits;
-The “Kisor” work-around to fix the intended loss issue under the fraud guideline;
-The implication and larger application of the Kisor workaround
– i.e., support for the argument that for other guidelines, if it’s in the commentary, it doesn’t count;
-Clarification of the new Zero Point Offender provisions (ZPO) to deny eligibility for anyone who gets an upward role adjustment;
-And, perhaps the one bright spot, adding a potential downward departure for “youthful offenders” (mid-20’s or less);
-Practice tips for navigating the new guidelines provisions;
-Information on reaching out to the commission for future proposed guideline amendments.