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.
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consider nonretroactive changes in law when evaluating requests for sentence reductions, a critical tool for addressing outdated sentences.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.
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.
Is Thompson v. United States the Game Changer in Federal Fraud Cases?
SentencingStats.com, a leading provider of federal sentencing analytics and artificial intelligence solutions for sentencing analysis, is proud to announce it has been selected for a Level 4 founder grant from Microsoft for Startups Founders Hub, a global program that helps early-stage companies scale their businesses.
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.
Thousands of inmates sentenced under the Armed Career Criminal Act (ACCA) are serving prison terms that the US Supreme Court says are unconstitutional. The recent ruling in Erlinger v. United States mandates that a jury, not a judge, must determine whether prior convictions occurred on separate occasions before enhancing a sentence under ACCA. This landmark
SentencingStats.com, a leading provider of federal sentencing analytics and artificial intelligence solutions for sentencing analysis, is proud to announce it has been selected for a Level 4 founder grant from Microsoft for Startups Founders Hub, a global program that helps early-stage companies scale their businesses.
New Guidance on Guilty Plea Withdrawals Long Past due – Law 360
Sam Bankman-Fried: Sentencing Post-Mortem Video Analysis