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Sentencing

11,935 published works

  1. Criminal

    Notable Third Circuit panel ruling finds ineffectiveness in erroneous sentencing plea advice

    By Douglas Berman

    A helpful reader alerted me to a new panel ruling from the Third Circuit in Baker v. US, No. 23-2059 (3d Cir. July 25, 2024) (available here). The start of…

  2. Criminal

    US Sentencing Commission releases over 1200 pages of public comment on proposed priorities

    By Douglas Berman

    As noted in this post last month, the US Sentencing Commission recently released a "Federal Register Notice of Proposed 2024-2025 Priorities" which suggested that the USSC was eager in this…

  3. Sentencing Law and Policy

    Rounding up some notable recent sentencing and prison pieces

    By Douglas Berman

    A couple of busy weeks has meant I have not had time to flag some newsworthy and noteworthy sentencing and prison stories.  So, making up for lost time, here is…

  4. Criminal

    Rounding up some notable recent sentencing and prison pieces

    By Douglas Berman

    A couple of busy weeks has meant I have not had time to flag some newsworthy and noteworthy sentencing and prison stories.  So, making up for lost time, here is…

  5. Last Month at the Supreme Court

    Last Month at the Supreme Court | July 2024

    By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema

    The Supreme Court recently concluded a busy and historic term with a number of groundbreaking and important decisions.

  6. Last Month at the Supreme Court

    Decision Alert: Supreme Court Holds That a Unanimous Jury Must Determine Beyond a Reasonable Doubt Facts That Affect Sentencing Under the Armed Career Criminal Act

    By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, A. Joseph Duffy IV, Dykema

    On June 21, 2024, in Erlinger v. United States, the Supreme Court held that the Fifth and Sixth Amendments require a jury to unanimously find beyond a reasonable doubt that…

  7. Sentencing Law and Policy

    Split Fifth Circuit panel holds that "changes in the law" can be a basis for sentence reduction under ยง 3582(c)(1)(A)(i)

    By Douglas Berman

    A helpful colleague made sure I did not miss a notable new panel decision from the Fifth Circuit in US v. Jean, No. 23-40463 (5th Cir. July 15, 2024) (available…

  8. Criminal

    US Sentencing Commission this morning conducting “Public Hearing on Retroactivity” for its proposed 2024 guideline amendments

    By Douglas Berman

    As detailed in this official notice, the United States Sentencing Commission is scheduled this morning to begin a public hearing "for the Commission to gather testimony from invited witnesses concerning whether…

  9. Sentencing Law and Policy

    "You be the judge" and learn about sentencing in England and Wales

    By Douglas Berman

    I was pleased and intrigued to trip across this recent news piece headlined "New website puts the public in the judge’s chair."  Here are the particulars: You be the Judge…

  10. Criminal

    “You be the judge” and learn about sentencing in England and Wales

    By Douglas Berman

    I was pleased and intrigued to trip across this recent news piece headlined "New website puts the public in the judge’s chair."  Here are the particulars:You be the Judge gives…