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Sentencing

11,929 published works

  1. Sentencing Law and Policy

    By 5-4 vote, Supreme Court in <em>Hewitt</em> allow district court to apply more lenient law at FSA resentencings

    By Douglas Berman

    The Supreme Court this morning handed down its final big sentencing opinion of the Term with Hewitt v. United States, No. 23-1002 (S. Ct. June 26, 2025) (available here). The…

  2. Criminal

    A brief look behind the <em>Federal Sentencing Reporter</em> thanks to our new publisher

    By Douglas Berman

    In this post a few months ago, I flagged not only the first issue of Volume 37 of the Federal Sentencing Reporter (titled "Booker at Twenty"), but also that FSR had…

  3. Sentencing Law and Policy

    By 7-2 vote, Supreme Court holds in <em>Esteras</em> that federal judges cannot consider retribution factors when revoking supervised release

    By Douglas Berman

    The Supreme Court this morning handed down a notable sentencing opinion this morning in Esteras v. United States, No. 23-7483 (S. Ct. June 20, 2025) (available here).  The vote as…

  4. Appellate and Supreme Court

    By 7-2 vote, Supreme Court holds in <em>Esteras</em> that federal judges cannot consider retribution factors when revoking supervised release

    By Douglas Berman

    The Supreme Court this morning handed down a notable sentencing opinion this morning in Esteras v. United States, No. 23-7483 (S. Ct. June 20, 2025) (available here).  The vote was…

  5. Sentencing Law and Policy

    Wait continues for two SCOTUS sentencing cases as OT 24 winds down

    By Douglas Berman

    In what will be among its last few opinion days of October Term 2024, the US Supreme Court this morning released five opinions.  The only criminal justice related case decided…

  6. Appellate and Supreme Court

    Wait continues for two SCOTUS sentencing cases as OT 24 winds down

    By Douglas Berman

    In what will be among its last few opinion days of October Term 2024, the US Supreme Court this morning released five opinions.  The only criminal justice related case decided…

  7. Sentencing Law and Policy

    New <em>Federal Sentencing Reporter</em> issue explores "Sentencing 'Boat Defendants'”

    By Douglas Berman

    I am pleased and thrilled to report on the publication of the latest issue of the Federal Sentencing Reporter titled "Sentencing 'Boat Defendants.'”  This issue is anchored by a fascinating…

  8. Philadelphia Criminal Defense Blog

    Pennsylvania Supreme Court Rules Prior ARD Cannot Be Used to Enhance DUI Sentences

    By Zak Goldstein

    Commonwealth v. Shifflett Zak T. Goldstein, Esquire - Criminal Defense Attorney In a significant decision for Pennsylvania DUI law, the Pennsylvania Supreme Court ruled on May 30, 2025, that using…

  9. Appellate and Supreme Court

    Friday night certs: SCOTUS grants review on “changes in the law” as basis for § 3582(c)(1)(A) sentence reduction

    By Douglas Berman

    As noted in this prior post, the Supreme Court altered its recent patterns by issuing this order list late today.  And the order list had a whole lot for sentencing…

  10. Sentencing Law and Policy

    Friday night certs: SCOTUS grants review in Alabama case on applying <em>Atkins</em>

    By Douglas Berman

    The Supreme Court has been consistently issuing its full order lists at the start of weeks for all of 2025.  Indeed, the Supreme Court's website in one place states, as…