Helping to get my mind back on
these federal sentencing cases — which are, realistically, a lot more important to a lot more defendants than Baze — are the just - filed reply briefs from the petitioners.
Though some crack defendants received statutory minimum sentences (which the new guidelines do not change), it's likely the new guidelines could directly impact more than 4,000
federal sentencing cases every year.
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.»
Here at the National Law Journal, Marcia Coyle has a new piece on the Pepper
federal sentencing case on the Supreme Court's docket for the upcoming term.
Not exact matches
Federal law splits capital death penalty
cases into two separate phases: the first determining the guilt or innocence of the defendant, the second - if found guilty - determining their
sentence.
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.
Manhattan
federal prosecutors told the judge who
sentenced Dean and Adam Skelos last week that the government won't push for them to go to prison until at least three - plus months after the U.S. Supreme Court rules in a pending
case on anti-corruption laws.
As he did in the wake of former Assembly Speaker Sheldon Silver's
sentencing, Gov. Andrew Cuomo issued a brief statement in response to the five year
sentence handed down by a
federal judge in the corruption
case of ex-Majority Leader Dean Skelos.
The witness, who was supposed to testify in a hearing before the
sentencing in Terry's
federal case, may be called the same day to testify in the ongoing trial of former Nassau County Executive Edward Mangano.
Terry, the influential political operative from Roslyn Heights, pleaded guilty to state and
federal tax - fraud charges last year, and is awaiting
sentencing in both
cases.
The judge was prepared to
sentence Terry on Tuesday, as scheduled, but Terry's attorney asked Quinn to hold off one more time and allow the
sentencing in the
federal case to proceed first.
Former Rep. Anthony Weiner is asking a Manhattan
federal judge to delay the
sentencing date in the
case against him for texting a minor sexually inappropriate messages.
The criminal prosecutions spawned by the CityTime
case reached a quiet denouement when a
federal judge in Manhattan
sentenced Carl Bell, a computer specialist at the center of the scheme, to three years» probation, showing leniency because he had given crucial help to investigators.
Kindlon said defense attorneys often refer to
federal cases as «
sentencing advocacy, because that's really what you're talking about.»
The
case — along with the conviction of former Senate leader Dean Skelos, who is to be
sentenced May 12 — was a capstone of Manhattan U.S. Attorney Preet Bharara's crusade against Albany corruption, and prosecutors asked for more than 14 years in prison — the highest
federal sentence ever for a New York legislator.
A Shelton developer, James Botti, was
sentenced to six years in prison in the
federal corruption
case, but Lauretti was never charged in the
case.
A
federal judge in Brooklyn, in an extraordinary opinion that calls for courts to pay closer attention to how felony convictions affect people's lives,
sentenced a woman in a drug
case to probation rather than prison, saying the collateral consequences she would face as a felon were punishment enough.
A
federal judge agreed to delay Dennis Hastert's
sentencing in a hush - money
case after his attorneys said the former U.S. House Speaker nearly died in November from severe sepsis.
Erie County Legislator Kevin Hardwick joined local, state and
federal leaders, as well as community activists and business leaders, on Friday, May 24 to remind local residents and companies of the opportunity to share their story with the judge considering the
sentence in the
federal case against Tonawanda Coke.
In a separate
federal case, Ippolito was
sentenced to 27 months in
federal prison in September after pleading guilty to evading taxes on $ 2 million in outside consulting fees he collected while working for the town.
The
federal judge overseeing the
case, Judge Valerie Caproni, ruled Thursday that because she would consider the sealed evidence as part of Silver's
sentencing, the public had a right to know the information.
The conviction and hefty
sentence — the second highest for a state politician convicted of corruption in the past decade — has capped a stellar run of Albany and New York City corruption
cases brought by Manhattan US Attorney Preet Bharara and
federal authorities in Brooklyn.
Word spread quickly at the state Capitol on Wednesday after former Gov. John G. Rowland was
sentenced to 30 months in
federal prison after being convicted in a campaign finance fraud
case involving a Congressional candidate.
Although Jenkins already was convicted and
sentenced to life without parole in Niagara County, Kennedy and Assistant U.S. Attorney Joseph M. Tripi said it was crucial to their
case to try Jenkins on
federal charges.
Last week, two former New York State Assembly Democrats were
sentenced in
federal corruption
cases.
Before he was
sentenced, Dean Skelos asked the judge in the
case, Kimba M. Wood of
Federal District Court in Manhattan, to show mercy to his son.
The new poll follows a month in which former legislative leaders Sheldon Silver and Dean Skelos were
sentenced to
federal prison after they were convicted on corruption charges in separate
cases last year.
A
federal judge in 2010
sentenced him to 18 months in prison for evading taxes on payments he got from a developer working on government contracts in his legislative district who also was at the center of the New Cassel corruption
case the Nassau district attorney's office prosecuted.
Justice Inyang Ekwo, who presided over the
case at the
Federal High Court in Lokoja, Kogi State, found him guilty of 77 counts and
sentenced him to 2 years imprisonment on each count, to run concurrently.
Former New York State Assembly speaker Sheldon Silver was
sentenced Tuesday to 12 years in prison in a
federal corruption
case that prosecutors said «struck at the core of democratic governance» and polluted the institution where he wielded immense power.
William F. Boyland Jr., a former state assemblyman from a political dynasty in Brooklyn, was
sentenced on Thursday to 14 years in
federal prison in a high - profile corruption
case.
Delayed from October due to the lawmaker's cancer treatment, the
sentencing fell as former Assembly Speaker Sheldon Silver's
federal corruption
case was being considered by a jury, and the trial of former Senate Majority Leader Dean Skelos — who worked with Libous to plot the June 2009 coup that derailed the Senate for five weeks — continued.
lobbied the U.S.
Sentencing Commission to address stricter sentencing guidelines in federal animal figh
Sentencing Commission to address stricter
sentencing guidelines in federal animal figh
sentencing guidelines in
federal animal fighting
cases
Many today can still remember the 2007
case where a then - famous football quarterback, Michael Vick, was found guilty and
sentenced to
federal prison for promoting dog fighting and engaging in the torture and killing of dogs.
Sentences ranged from six months to eight years — which is the longest prison term ever handed down in a
federal dog fighting
case.
Was it overly harsh for
federal prosecutors to seek (and win) long mandatory jail
sentences for the father - and - son ranchers, Dwight and Steven Hammond, whose arson
case supposedly inspired the refuge invasion?
The
cases came in the wake of retroactive amendments to the
federal sentencing guidelines that reduced prison terms for crack cocaine offenses.
The
case is Dillon v. United States, and at issue is the question of whether the
federal sentencing guidelines are binding or only advisory when defendants who were originally
sentenced before the decision in United States v. Booker are resentenced pursuant to 18 U.S.C. 3582 (c)(2), after the guidelines applicable to the offense in question are changed.
But a new hot - button
case — involving extreme
sentences for two border agents due to the application of
federal mandatory minimums — has lots of Republicans recognizing how
federal sentencing can spin out of control.
Trump's first year saw a slight rise in death
sentences and executions, but those are the product of counties and states; the president and attorney general have little say beyond the occasional
federal case.
Rather than bemoan reactions to the border agent
cases, I want to issue a challenge to leaders in Congress: Will anyone in the House or Senate have the courage to use the border agent
case as an opportunity to discuss and move forward with needed
federal sentencing reforms?
Though many may think the very prosecution of the border agents was unjust, the
case is so troubling because of the
sentences required by
federal mandatory minimum
sentencing law.
In some
cases,
federal mandatory minimums may be used to hand down a virtual death
sentence.
As detailed in this recent post, a
federal district court in Alabama will be
sentencing for former Alabama Governor Don Siegelman and former HealthSouth Chairman Richard Scrushy, and the
case is filled with intrigue.
Listed below are links to weblogs that reference Using the border agent
case as a catalyst for
federal sentencing reform:
When a weapon is used to commit a crime, it could enhance the
sentence significantly or take your
case from a state to
federal crime.
Appointed by the U.S. District Court to represent the first person tried in a
federal death penalty
case in the Southern Division of the U.S. District Court for the District of Maryland, resulting in a life
sentence rather than a death
sentence;
With many of the
cases listed above, there are extremely serious consequences for a conviction: lengthy
sentences in state or
federal prison and thousands or even millions of dollars in fines or restitution.
In felony
cases, the
Federal or Minnesota
Sentencing Guidelines will provide guidance to the Judge about the
sentence.
I am pleased to report that, just in time for the start of the summer
sentencing season, the latest issue of the Federal Sentencing Reporter focused on white - collar cases is now in print and also available here
sentencing season, the latest issue of the
Federal Sentencing Reporter focused on white - collar cases is now in print and also available here
Sentencing Reporter focused on white - collar
cases is now in print and also available here on - line.