Will the U.S. Sentencing Commission remove “Departures” from the Sentencing Guidelines and direct court to only consider Variances under 18 U.S.C. 3553(a)?
Will the U.S. Sentencing Commission remove “Departures” from the Sentencing Guidelines?
Category: Federal Sentencing
Biden’s Final Days: Examining the Pardon Power
Biden’s Final Days: Examining the Pardon Power
As President Biden’s term wraps up in January 2025, his active use of executive pardons and commutations has drawn significant attention. In just the last month, Biden has issued numerous pardons, highlighting both the potential and the flaws of the U.S. pardon system. While some applaud his efforts to address injustices, critics point out that the system remains broken, leaving many deserving inmates without relief.
Supreme Court Reviewing Supervised Release Revocation Standards
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.
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.
Addressing Unconstitutional Sentences Under the ACCA: A Critical Analysis
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
New Guidance on Guilty Plea Withdrawals Long Past due – Law 360
David DePape (Pelosi attacker) Sentencing Post-Mortem
Sam Bankman-Fried: Sentencing Post-Mortem Video Analysis
Sentencing Reform Advocates Hail Landmark Acquitted Conduct Amendment to U.S. Sentencing Guidelines
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
Sam Bankman-Fried: Sentencing Post-Mortem Video Analysis
Does Pulsifer pulverize sentencing reform?
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