Skip to main content

Topic

Sentencing

11,936 published works

  1. Criminal

    Detailed accounting of US District Judge Aileen Cannon’s (modest) sentencing history

    By Douglas Berman

    CBS News has this notable new lengthy piece on sentencing decision-making by US District Court Judge Aileen Cannon. The piece is headlined "Federal judge in Trump case has limited track…

  2. Sentencing Law and Policy

    Thorough and thoughtful account of <em>Jones v. Hendrix</em> and a pitch for a congressional response

    By Douglas Berman

    Adam Unikowsky has this lengthy posting at his Substack site titled "Imprisoning innocent people is bad; Section 2255 should be fixed immediately." The full piece is worth a full read…

  3. Sentencing Law and Policy

    Inartful dodgers: did the Justices write cert denial statements in the acquitted conduct cases months ago?

    By Douglas Berman

    In this prior post, I noted the substantive problems with the cert statements of Justice Sotomayor and of Justice Kavanaugh (joined by Justices Gorsuch and Barrett) suggesting these Justices voted…

  4. Sentencing Law and Policy

    Inartful dodgers: constitutional concerns with acquitted conduct that only SCOTUS can address

    By Douglas Berman

    In the Declaration of Independence, signed 247 years ago today, the Founder of this Nation complained of a "long train of abuses and usurpations" by "the present King of Great…

  5. Sentencing Law and Policy

    In final order list of Term, Supreme Court grants cert on big new Second Amendment case and denies/punts cert on acquitted conduct cases

    By Douglas Berman

    While the rest of the legal world is still processing the final sets of big SCOTUS opinions as it completed handed down opinion in argued cases from OT 22, the…

  6. Administrative and Regulatory

    Former Ohio House speaker gets max federal prison sentence of 20 years for political corruption

    By Douglas Berman

    In this post last week, I flagged the interesting federal sentencing memos submitted in the notable case of political corruption involving Ohio's former House Speaker Larry Householder.  Back in March,…

  7. Eye on Enforcement

    One Step Forward, Two Steps Back: The Latest on Federal Court Treatment of Criminal Defendants

    By Lyndsay E. Medlin

    Last week, the Sixth Circuit and Supreme Court issued opinions on criminal law that could affect trial and sentencing strategy for white collar defendants in regulated industries. District court discretion…

  8. FCPA Professor

    Supreme Court Once Again Bench Slaps DOJ

    By Mike Koehler

    A post of this nature has appeared on these pages approximately twenty times. Even though the current Supreme Court is often ideologically divided, the Court has shown remarkable consistency in recent…

  9. Sentencing Law and Policy

    "Toward Mercy: Excessive Sentencing and the Untapped Power of North Carolina's Constitution"

    By Douglas Berman

    The title of this post is the title of this new article authored by Ben Finholt now available via SSRN.  Here is its abstract: For decades, the North Carolina Supreme…

  10. On Point

    Defense Win! SCOW applies Floyd, reverses COA, reinstates grant of 433 days sentence credit

    By Wisconsin State Public Defender

    State v. Michael K. Fermanich, 2023 WI 48, 6/14/23, reversing a per curiam court of appeals decision; case activity (including briefs) The key takeaway here is that five justices reaffirm and…