Sentences with phrase «federal sentencing»

The next section exposes the myth of empirical federal sentencing guidelines.

What that might mean for the future of federal sentencing reform will be the subject of a lot of future posts.

Those are bad things, and if they are true, they are properly taken into account in federal sentencing....

Criminal justice reform advocates are pessimistic about the prospects for federal sentencing reform under the new presidential administration.

As I long ago discussed here and here, this is practically a very important issue that needs to settled in order to have a uniform and consistent federal sentencing system.

He said the maximum sentence if the government is successful is 20 years and prison and a $ 250,000 fine but under federal sentencing guidelines it would likely be substantially less than that.

But this latest speech also indirectly addresses the latest bipartisan talk of federal sentencing reform and covers some other new ground.

Nor does it approach the roughly 22 to 27 years suggested by federal sentencing guidelines.

But in many areas of law judges construct or interpret the policies underlying a body of law; they need to do that with federal sentencing law.

But they would probably receive lesser terms under the advisory federal sentencing guidelines.

In terms of the practicality of federal sentencing today, that seems to be largely the case.

A federal district judge who has sentenced more than 4,000 offenders in multiple districts shares his experience and criticisms of current federal sentencing.

The typical defendants sentenced in federal court for child porn offense have not been convicted of contact offenses and have strong arguments for being sentenced below the severe federal sentencing guideline ranges.

In comparison to a state sentence calculation, federal sentence calculations are extremely complex.

This year would seem to present a new opportunity for needed bipartisan federal sentencing reform.

Federal sentencing practitioner know all too well how hard it can be to clearly define what offenses qualify as a «crime of violence» or a violent felony.

This case presents some of the critical difficulties in federal sentencing.

The final section offers eight specific suggestions for federal sentencing reform.

Richard G. Kopf, Judge - Specific Sentencing Data for the District of Nebraska, 25 Federal Sentencing Reporter No. 1, p. 51 (2012).

Brian E. Maas presents at the 25th Annual National Seminar on Federal Sentencing in Orlando, Florida.

Though Rita has something for everyone (and, arguably, nothing for everyone) focused on federal sentencing issues, it has very little for folks deeply interested in figuring the deeper views of particular Justices.

As federal sentencing fans should know, there seem to be a real chance that Justice Scalia will convince enough of his colleagues to strike down ACCA as unconstitutionally vague.

Defended a mechanical contracting company and its president in a federal bribery investigation arising from an award of United States Post Office construction contracts and obtained a downward departure from federal sentencing guidelines sentence of incarceration to a sentence of probation.

First, as noted before here, the SG brief completely ducks the question of whether, if Blakely applies to the federal guidelines, the guidelines can and should still apply in federal sentencing cases that do not raise any «Blakely factors.»

The U.S. federal sentencing process is a point - based system, where the nature of the offences, mitigating factors and other elements are plugged into a sort of mathematical equation to arrive at a numerical «offence level» score.

In sum, then, as was true after Booker and Rita, how lower courts formally and informally react and construct an understanding of Gall and Kimbrough will determine whether the decision marks a significant turning point, or just a relatively minor tweak, in the post-Booker federal sentencing universe.

See the Commission's 2005 Sourcebook of Federal Sentencing Statistics for descriptive figures, tables, and charts, and selected district, circuit, and national sentencing data.

The question in the title of this post is the provocative final question asked by Rep. Trey Gowdy (R - SC), a former federal prosecutors who has been, by far, the most impressive of the members of House Judiciary Committee asking questions this morning at the hearing to examine the post-Booker federal sentencing system.

«By saying that the sentence was excessive, I wonder if he understood the ramifications of saying that,» said Ellen S. Podgor, who teaches criminal law at Stetson University in DeLand, Fla. «This is opening up a can of worms about federal sentencing.»

(I wonder if York realizes that, under current federal sentencing rules, Fitz could make this argument even if Libby had been acquitted of leaking.)

Though sentencing issues do not seem to be formally in play in these cases, I have been thinking lately about whether modern federal sentencing realities for white - collar offenders might be impacting, at least indirectly, how various Justices and commentators think about these matters.

June 28, 2011)(available for download below), covers a number of modern federal sentencing issues and reviews a remarkable procedural history for a single low - level drug defendant.

Mr. Wisenberg has also helped his clients obtain dramatic downward variances in federal sentencing hearings.

The father and son should each face prison terms approaching or within federal sentencing guidelines, which are about 10 to 12 years for Adam Skelos, prosecutors said.

Vick is serving a 23 - month federal sentence after admitting that he bankrolled the dogfighting operation and helped kill six to eight dogs.

Though I have blogged about both these great pieces when they first appeared on SSRN, a helpful reader pointed out the fact that the May 2008 issue of the Yale Law Journal is now online here with the final published versions of two must - reads for federal sentencing fans:

Two of the new cases involve (narrow) related federal sentencing issues concerning the application of 18 USC § 3582 (c)(2).

Kudos to the USSC for continuing to release timely and informative reports as debates over federal sentencing policies and practices continue.

«A big day for federal sentencing vibes, especially in the First Circuit Main Gall and Kimbrough SCOTUS argument wrap - up»

Via email, I just received this notice from the US Sentencing Commission about the publication of lots of new federal sentencing data:

The latest issue of the journal Federal Probation, which is published by the Administrative Office of the U.S. Courts, features a special section looking at «30 Years with Federal Sentencing Guidelines.»

He is already serving life without parole because of a Niagara County Court conviction for the murders, but he and Pirk face mandatory federal sentences of life without parole for the murders because the jury found they were part of a racketeering conspiracy.

He cited what he said were far - left positions such as her campaign to free Oscar López Rivera, a Puerto Rican nationalist and member of the Armed Forces of National Liberation, serving a 75 - year federal sentence for «seditious conspiracy.»

A forgiving «reasonableness» standard would essentially take federal sentencing back to the pre-Guidelines era, where similarly - situated defendants could and did receive grossly disparate sentences.