Set For Sentencing

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...

I can’t think of a better topic for our 100^th episode of Set For Sentencing – the topic that is so near and dear to my heart – MITIGATION FILMMAKING!

Mitigation films are arguably the most powerful and persuasive weapon in our advocacy arsenal.  They offer an unparalleled way to humanize a client and show the truth of their journey, rather...

It's not even October yet, but this episode feels tailor made for Halloween.  It's no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing.  And the stories of deprivation and death inside the walls of the BOP abound.  

But lawyers are not telling these stories enough at sentencing, and as a result, Judges often have no idea of the real scope of punishment they are inflicting. 

Therefore, it's important to share...

Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person's record felony-free.  And, the Biden DOJ has encouraged it's regional US Attorney offices to devise their own policies for DPAs and to be more liberal with their application.

But, local federal prosecutors seem to be ignoring their boss's mandate.  They're reluctant Read more