When Congress created the Commission, Congress empowered it to serve «as a clearinghouse and information center»
about federal sentencing and to assist Congress, the federal courts, and federal departments in the development of sound sentencing policies.
But I suspect non-lawyers will ultimately end up spending more time talking
about the federal sentences given today to Michael Vick and Conrad Black.
Not exact matches
In fact, the guidance issued by the Financial Crimes Enforcement Network (FinCEN) included this
sentence, removing any doubt
about whether the
federal government was signaling that this activity can be conducted: «This FinCEN guidance clarifies how financial institutions can provide services to marijuana - related businesses consistent with their BSA obligations.»
A spokeswoman declined to answer a series of direct questions from CNBC
about his case, instead providing a statement from Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department's Tax Division: «Bradley Birkenfeld was afforded due process of law and
sentenced by a
federal district court after full consideration of all relevant facts and circumstances, including his admission that he advised wealthy UBS clients on how to conceal their assets from the U.S. government,» she said.
Of the «alphabet soup» of
federal agencies initiated by Roosevelt, not all found equal favor with the publication; it was, for instance, doubtful
about the National Recovery Administration long before the Supreme Court pronounced that agency s death
sentence (even so, it carried the NRA eagle sign on its second page for many months).
Former Senate Majority Leader Joe Bruno arrived at the
federal courthouse
about 2:40 p.m. this afternoon for his
sentencing on
federal corruption charges.
Kindlon said defense attorneys often refer to
federal cases as «
sentencing advocacy, because that's really what you're talking
about.»
While on the campaign trail, Trump talked
about a Navy man who was
sentenced to
federal prison for taking photographs inside a nuclear attack submarine.
Former Senate Majority Leader Pedro Espada Jr. has asked a New York
federal judge to change his mind
about allowing the government more time to respond to Espada's August request to vacate his
sentence, saying conditions at his prison are too inhumane to wait.
Former Rep. Anthony Weiner today reported to the
Federal Medical Center Devens in Massachusetts,
about 40 miles west of Boston, to begin a 21 - month
sentence for sexting with a 15 - year - old girl.
A
federal judge again postponed former Town of Oyster Bay Commissioner Frederick Ippolito's
sentencing for tax evasion connected to fees received from a paving contractor, saying that information received from Ippolito and town officials
about their relationship with the company was too vague and only raised more questions.
It's also worth noting that legendary levels of dubious activity cross partisan lines there: After the Republican Party lost the majority in the state Senate in 2008, Democrats spent the first few months of their abbreviated stint in power basking in new information
about how Republicans spent the legislature's money on items like a special van for the man who was then their majority leader, Joe Bruno, who went on to be
sentenced to two years in prison on
federal corruption charges.
Joe Bruno was
about half an hour into a rambling speech at his
sentencing hearing when he blurted out that all of the private business deals that got him convicted of
federal corruption charges were negotiated by «the lawyers.»
Kent was
sentenced to 33 months in
federal prison for lying to a judicial panel
about his repeated sexual molestation of two former female court employees.
In felony cases, the
Federal or Minnesota
Sentencing Guidelines will provide guidance to the Judge
about the
sentence.
Tills, 74, has nothing to jest
about today, given that a
federal judge in Buffalo
sentenced him Friday to serve 18 months in prison.
reasons why the Supreme Court's Sixth Amendment jurisprudence has been so quirky and unpredictable has the the fact that the Court has been, from the very beginning and even in all state cases, shadow - boxing
about the validity, viability, virtues and vices of the
federal sentencing guidelines.
The Brian Lehrer Show on WNYC Radio had a nice extended segment today (available here) entitled «Commuting Costs» with Professors Peter Henning and Rachel Barkow talking thoughtfully
about the «possible ramifications of the Libby commutation on
federal sentencing.»
But for anyone and everyone working in state or
federal systems worried
about the exercise of unfettered
sentencing discretion, this Alfonso - Roche decision is today's must - read.
I also like the commentary because it has me thinking
about the possible virtues and potential impact of an O'Connor replacement who has some experience as a
sentencing judge (although, interestingly, very few of the «short - list» names bandied
about by the press have experience as a
federal or state trial judge).
A former University of Florida football player was
sentenced to nearly 22 years in prison and ordered to pay
about $ 18 million for a healthcare fraud conspiracy that stripped millions from the TRICARE program for military members, veterans and their families, according to
federal court records.
What is nice
about these cases is that now,
federal judges can truly take into consideration someone's whole life when deciding an appropriate
sentence.
Only
about one - quearter of the 20 members of the subcommittee appeared to be in attendance and only a precious few asked questions suggesting they even understood how modern
federal sentencing works.
But I really believe that if Oklahoma voters end up significantly supporting
sentencing reform in their state (especially if Trump wins in OK by, say, a 55/40 vote but then
sentencing reform is supported by a 60/40 vote), we all can and should become a lot more optimistic
about even
federal sentencing reforms over the next decade no matter who is in control in DC.
And though Bill never indicates what kind of prison term would be fitting in his eyes, I think something in the neighborhood to 10 years may be
about right to achieve all the diverse and challenging
federal sentencing purposes implicated in this case.)
But, whatever the realities surrounding the USSC's legal (non) position on severability, I think the USSC undermines its own description of its institutional role and work if it does not soon disseminate at least some preliminary data
about how many
federal sentences in fact turn on judicial fact - finding of
sentence enhancing facts.
In late July, I lamented here the failure of the US
Sentencing Commission to take a leading role in the post-Blakely policy conversation about the future of federal s
Sentencing Commission to take a leading role in the post-Blakely policy conversation
about the future of
federal sentencingsentencing.
As Judge Nancy Gertner highlighted in her Mueffleman decision (available here), in the
federal system the major decisions
about the imposition of punishment have been made by Congress and the
Sentencing Commission (an administrative agency).
Moreover, though in this seemingly long - ago post I posited that the severability debate is a tussle between concerns
about lawlessness and leniency, I am now thinking that, if the SG's non-severability argument prevails, we will have a
federal sentencing world that is both lawless and lenient.
Via email, I just received this notice from the US
Sentencing Commission about the publication of lots of new federal senten
Sentencing Commission
about the publication of lots of new
federal sentencingsentencing data:
And, interestingly, we never hear complaints or concerns
about unelected
federal prosecutors making policy judgments at
sentencing (even though prosecutorial policy judgments are not made in open court nor subject to any kind of review).
Whatever one thinks
about the Court's purported moves to the right on other issues, in the arena of criminal
sentencing,
federal defendants certainly should be more hopeful arguing before the current Justices than before any other group of appellate judges.
Executions typically follow death
sentences in the United States by ten years or so, because it takes
about ten years to complete a full set of direct appeals all of the way to the U.S. Supreme Court, a state collateral attack with appeals of that ruling all of the way to the U.S. Supreme Court (if relief is denied) and finally a
federal habeas corpus petition with appeals of that ruling all of the way to the U.S. Supreme Court.
I never practiced
federal criminal law amd I wanted to learn about the sentencing process in Federal court, and I wanted to offer moral support to a lawyer I r
federal criminal law amd I wanted to learn
about the
sentencing process in
Federal court, and I wanted to offer moral support to a lawyer I r
Federal court, and I wanted to offer moral support to a lawyer I respect.
[Bennett's article] responds to law review articles by two Third Circuit judges that suggest that
federal sentencing judges should be concerned
about Congress's next move as we
sentence defendants.
I will now likely use the long weekend (which I am
about to start by going off - line for a while) to reflect on the current
federal sentencing reform «big picture» circa mid-2016.
And as we all know, Booker, in holding the
Federal Sentencing Guidelines unconstitutional, was concerned
about «ranges» there as well.
I also think this news provides an approrpriate opportunity to begin a series of commentary posts
about criminal justice reform during the Obama era, which I will be calling «Missed Opportunities: The Failure of Prez Obama to bring real Hope and Change to
Federal Sentencing.»
The
federal resume should have at least four
sentences written
about each major skill set.
The former owner of a property management company was
sentenced Tuesday to three years in
federal prison for stealing
about $ 2 million from condominium associations in the Chicago area.