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.
Category: USSC Guidelines
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consider nonretroactive changes in law when evaluating requests for sentence reductions, a critical tool for addressing outdated sentences.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.
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.
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
Comprehensive Statistical Analysis of Manafort’s 47-Month Sentence
In this video, we provide a comprehensive statistical analysis of Paul Manafort’s 47-Month Sentence imposed on March 7, 2019 in the Eastern District of Virginia by Judge Ellis. As we discuss, Mr. Manafort received the largest downward variance ever for anyone sentenced under 2S1.3. It also is nearly unprecedented for anyone sentenced with the same
Paul Manafort’s Convictions in DC and VA: What Sentence Might He Receive?
We review the DC and EDVA convictions of Paul Manafort as well as sentencing relevant data from the U.S. Sentencing Commission. We predict that Mr. Manafort will receive a 10-year sentence in his DC case, which will be ordered to run fully concurrently with his sentence in the Eastern District of Virginia. For the Eastern
Thirtieth Anniversary Today of U.S. Sentencing Guidelines
Today marks 30 years of federal sentencing under the U.S. Sentencing Guidelines. The Guidelines were intended to promote uniformity and certainty in sentencing while providing punishment proportional to the offense of conviction. Since then, over 1.7 million people have been sentenced to over 6.5 million YEARS of prison, which is to say nothing of the
Paul Manafort Sentencing Analysis
In this presentation, we review the Manafort indictment, provide an estimated U.S. Sentencing Guidelines calculation, and provide a sentencing analysis based on U.S. Sentencing Commission data.