On the morning of Monday, October 21, 2024, the U.S. Supreme Court agreed to review a case that has sharply divided federal courts across the country: what standards judges are to consider when deciding whether to revoke supervised release.
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
New Guidance on Guilty Plea Withdrawals Long Past due – Law 360
Sam Bankman-Fried: Sentencing Post-Mortem Video Analysis
Washington, D.C. – In a major victory for sentencing reform advocates, the U.S. Sentencing Commission has amended the U.S. Sentencing Guidelines to preclude the consideration of acquitted conduct at sentencing. This amendment, which goes into effect on August 1, 2024, marks a significant step towards a more constitutional and equitable sentencing system.
Sam Bankman-Fried: Sentencing Post-Mortem Video Analysis
The Supreme Court made a decision in Pulsifer v. United States that significantly narrowed the reach of the “safety valve” provision, which allows for reduced sentences in federal drug offenses, undermining recent efforts by Congress to mitigate the harshness of mandatory minimum sentences. The majority’s interpretation, as described by Justice Elena Kagan, restricts the eligibility
Sentencing Stats’ co-founder Mark Allenbaugh and advisor Doug Passon analysis the forthcoming 2024 US Sentencing Commission Amendments
In this latest in our ongoing video series on Amendment 821, we explore the recent amendment made by the U.S. Sentencing Commission (USSC) to the U.S. Sentencing Guidelines, specifically focusing on Amendment 821, Part A, otherwise known as the “Criminal History Amendment” or “Status Points Amendment”.