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
Tag: mark allenbaugh
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.
Law360: How Zero-Point Offender Change Should Work Retroactively
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.
Priorities for the Newly Minted Federal Sentencing Guidelines
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.
Thirty Years of Federal Sentencing in Pictures
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