We review the recently filed sentencing memoranda and compare the recommendations to U.S. Sentencing Commission sentencing data.
Sentencing Analysis of Michael Cohen
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A Tale of Two Sentences: The Leaker and The Liar
We review today’s sentence of Reality Winner to 63 months for divulging classified material to a newspaper. We compare her sentence to what George Papadapolous may receive next month for his false statements conviction.
Martin Shkreli Sentencing Analysis
We review Martin Shkreli’s 84-month sentence. “Pharma Bro” received a very, very low 84-month sentence statistically speaking, when compared to similarly situated defendants. We also review Judge Matsumoto’s federal fraud sentences to determine that while a low sentence from a national statistical perspective, an 84-month sentence is the second highest ever imposed by Judge Matsumoto.
Sentencing Analyses of DMX and Larry Nassar
In this week’s episode of our Federal Sentencing Round-Up, we review the recent guilty plea of rap artist DMX and likely sentence he may receive. We also examine the recent 60-year sentence of former Olympic doctor Larry Nassar on child pornography receipt and distribution charges.
U.S. Sentencing Commission’s 2018 Amendment Cycle: Holdovers Pertaining to Acceptance of Responsibility, First Offenders
Alan Ellis and Mark H. Allenbaugh discuss proposed amendments to the U.S. Sentencing Guidelines pertaining to acceptance of responsibly, first offenders and alternatives to incarceration. AE-CLIP_Bloomberg BNA_WC_2018_Amend_Ellis_Allenabaugh
H.R. 4261, the Safe, Accountable, Fair, and Effective (SAFE) Justice Act
On Tuesday, November 7, 2017, Representatives Bobby Scott (D-VA) and Jason Lewis (R-MN) introduced bipartisan legislation aimed at safely reining in the size and associated costs of the federal criminal code and prison system. A press release with a link to the legislation can be here: https://bobbyscott.house.gov/media-center/press-releases/scott-lewis-introduce-bipartisan-criminal-justice-reform-legislation
Former Deputy City Treasurer Sentenced to 78 months for Embezzlement of Millions in City Funds
Salvador Galvan was sentenced on November 3, 2017 to 78 months’ imprisonment for embezzling over $3.7 million of city of funds. A 78 month sentence is in the 97.4th percentile for all offenders sentenced between 2006 and 2016 under 2B1.1, who pleaded guilty, and were in Criminal History Category I. In other words, Galvan’s sentence