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: U.S. Sentencing Commission
Examining Sentencing Disparities in January 6th Cases: Insights from SentencingStats.com’s Latest Analysis
SentencingStats.com recently completed a comprehensive analysis of the sentencing outcomes for defendants involved in the January 6th incident at the U.S. Capitol. This study examines 934 defendants who were convicted and sentenced through August 12, 2024. The findings shed light on significant sentencing disparities arising from the exercise of judicial and prosecutorial discretion, highlighting critical gaps in the current legal framework.
2024 U.S. Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre
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 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consider nonretroactive changes in law when evaluating requests for sentence reductions, a critical tool for addressing outdated sentences.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.
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
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.
US Sentencing Commission 2024 Amendments
Sentencing Stats’ co-founder Mark Allenbaugh and advisor Doug Passon analysis the forthcoming 2024 US Sentencing Commission Amendments
Federal Sentencing Commission JSIN “Judicial Sentencing Information” system and why it’s lacking
The US Sentencing Commission created “JSIN” (sounds like “Jason”) as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm defendants? IN THIS