When a judge decides to imprison a client before their trial, even though they haven’t been convicted and are presumed innocent, it effectively bypasses the usual legal process. It’s like skipping the initial steps and going straight to sentencing, without any chance to collect resources or build a defense. The practice of pre-trial detention should
On August 24, 2023, a divided Commission voted 4-3 to make two new amendments to the Guidelines retroactive. Assuming no Congressional action to the contrary, these amendments go into effect on November 1, 2023. The first amendment limits the overall criminal history impact of “status points” (i.e., the additional criminal history points given to defendants for
Tune in to the latest compelling webisode of Set for Sentencing where our co-founder Mark Allenbaugh debates constitutional law professor, Doug Berman on the future of Acquitted Conduct in Federal Sentencing. IN THIS EPISODE: Whether a client should have right to demand that a JURY make the determination as to whether certain sentence enhancements apply;
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
Listen to our president and co-founder, Mark Allenbaugh talks sentencing on The Ohio State University Lawschool’s podocast, Drugs on the Docket: #federalsentencing #sentencingstatistics #sentencinganalysis
We review the BOP’s latest COVID-19 infection, which indicate the highest active infections among inmates and staff yet. Exclusive charts referenced are attached in a PDF. https://youtu.be/cMa1Tp9KZG0
FCI-Lompoc is in the midst of a crisis, which begs the question what other facilities may be experiencing the same. Without data indicating the number of tests being administered by facility–including privately operated ones–no one knows. On Day 51 of its outbreak, the BOP still has nearly twice the number of confirmed infections as the
It is now DAY 50 of the outbreak in BOP facilities. For the second day in a row, the number of infected inmates is exploding, driven almost exclusively by FCI-Lompoc. Apparently, a second inmate has died at the USP-Lompoc, but the BOP is not reporting it. In fact, the BOP no longer is reporting the
The BOP claims to update its data everyday at 3:00 p.m. Central Time. Today it was hours late. Perhaps the oddity of the data it eventually did report may explain the late update. Today was the largest one-day jump in number of confirmed infected inmates: 546. Most of that was comprised by an increase of
