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consider nonretroactive changes in law when evaluating requests for sentence reductions, a critical tool for addressing outdated sentences.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.
Will Thompson v. United States Redefine Fraud Laws?
The Supreme Court’s Thompson v. United States could redefine federal fraud law, specifically limiting charges to explicit falsehoods. Currently, misleading statements—even half-truths—are often treated as fraud, but Thompson challenges this interpretation, highlighting a split between circuits. If the Court narrows the definition, fraud prosecutions may only target direct lies, impacting both charges and plea deals.
Is Thompson v. United States the Game Changer in Federal Fraud Cases?
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
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.
Read the latest expert opinion on Law360. co-authored by SentencingStats.com President Mark Allenbaugh, advisor Doug Passon legendary Federal attorney Alan Ellis predict how the Zero-Point Offender amendment (Amendment 821 Part A) will be implemented.
In this case, we deal with the “ABCs” of federal fraud sentencing, meaning, we’re doing a deep comparative analysis of three recent high profile cases: MICHAEL AVENATTI, SUNNY BALWANI, and JULIE & TODD CHRISLEY.
Below is a link to a presentation by Chief Research Officer Mark H. Allenbaugh. In the in-depth presentation he provides a statistical overview of how the sentencing landscape has changed under the U.S. Sentencing Guidelines over the past 30 years. He notes how increased prosecution rates and average sentences have contributed to the explosion in the