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.
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consider nonretroactive changes in law when evaluating requests for sentence reductions, a critical tool for addressing outdated sentences.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.
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
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.
Sentencing Stats’ co-founder Mark Allenbaugh and advisor Doug Passon analysis the forthcoming 2024 US Sentencing Commission Amendments
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
Our founder, Mark Allenbaugh, has a fascinating discussion about the Federal Sentencing Guideline changes coming from the Federal Sentencing Commission, with Federal defense attorney Doug Passon on his podcast, “Set for Sentencing”. #federalsentencing #sentencingstatistics #sentencinganalysis