Set For Sentencing

Robert Roberson is set to be executed by the state of Texas on October 16, 2025.   But he is innocent.  He has spent 20 years on death row, having been convicted of killing his 2 year old daughter Nikki.

Robert’s wrongful conviction was based on the now universally debunked theory of “shaken baby syndrome”.  Bu...

The murder of Charlie Kirk is tragic and unacceptable, and the perpetrator must face justice. If we can all agree on that, we can begin to heal.

But, it’s not “terrorism” under any definition, because at this point there has been zero indication that the alleged perpetrator acted with the intent to intimidate or coerce a civilian population or to influence or retaliate against government po...

To quote the great Rocky Balboa, "it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward." 

That sums up the incredible journey of attorney Jeff Grant, founder of White Collar Support and organizer of the upcoming White Collar Conference online seminar.  

IN THIS EPISODE:  

• Jeff’s redemption story of overcoming addiction and prison to regain and reimagine his law pract...

In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp.  Then, we resume with  Mark Allenbaugh of sentencingstats.com for one of our famous "sentencing post-mortems" to see what we can learn from Maxwell's sentencing proceeding. 

IN THIS EPI...

The saga of Jeffrey Epstein is ongoing and ever-present in the news.  And there are powerful lessons to be learned.  But the talking heads are mostly just spinning their wheels.  So, if you're seeking some straight talk and inside scoop about all of it, you've come to the right place.  

This is a 2-part episode...

An independent judiciary is the cornerstone of a healthy democracy.

But judges are under attack. 

Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse.

And, when it comes to federal criminal sentencing, judicial independence is al...

The Trump administration stated that Kilmar Abrego-Gar...

In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy. 

The underlying animating force of these policies, openly stated by Tom Homan during a white house press conference, is "the great replacement theory".  Propagated by white ...

America might have moved on from Kilmar Abrego-Garcia, but we have not.

So, ask yourself:  What happens when the U.S. government indefinitely sentences someone to a foreign prison without any due process and no one stops them?

In this episode (part 1 of 2), I appear on Justin Yentes'...

On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the problems that got him here and convince a judge he wouldn’t make the same mistakes again.

But the government painted him as an unrepentant fraudster who was ...

Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts.  At least for now. 

So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry for the future of this democracy.

That's why ...

I'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell.  In his seminal work, "On Tyranny", Timothy Snyder warns:  "Listen for dangerous words. Be alert to the use of the words extremism and terrorism. Be alive to the fatal notions of emergency and exception. Be angry about the treacherous use of patriotic vo...

I call this episode “Anchor’s Aweigh” for two reasons.  First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded “anchoring effect” of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will likely be the biggest change in guideline sentencing since Booker was decided twenty years ago.

The ...

Restitution is often imposed to compensate crime victims for their losses. Done correctly, it can help victims recover and allow offenders to move on after serving their sentence.

However, defense attorneys sometimes overlook restitution issues, resulting in burdensome payment orders. These can extend prison time and hinder reintegration after release, making restitution effectively a lifel...

It’s January 2025, and we’re in the final days of the Biden administration.  He has had a busy last month or so issuing pardons and commutations.  

This unfettered power is rightly scrutinized but often misunderstood.  The bigger problem is, the whole damn process appea...

On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial.

However, ultimately, this process amounts to nothing more than "Kabuki Theatre," meaning the tortured guideline applications become merely performative, because 18 U.S.C. § 3553, enables discerning judges to overlook the sentencing reco...

We’ve spent a lot of time running down the BOP, and not without good cause, BUT we don’t give as much attention as we should to the positive things happening inside those walls.  Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with special needs. Therefore, helping us get ...

We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients.  And keeping abreast of all major developments in the law is paramount to a successful legal practice.

But there’s one thing every lawyer needs, and it does not exist – a crystal ball.  If we were clairv...

Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client's life and choices.

But how do we tell those stories at sentencing?

Thankfully, there's an amazing expert that can do it with compassion, grace and an unparralled skill set:  Social Geogrpaher, Dr. Ju...