Set For Sentencing

With the First Step Act of 2018 came the great hope of expanded grounds and use of "Compassionate Release." Judges were offered the promise of wider discretion to give deserving clients a second look at sentencing.

But, the Supreme Court just made compassionate release a whole lot harder to get, because in two back-to-back decisions — Fernandez and Rutherford — the Court slammed...

It's hard to understand how someone like James Comey could be indicted for posting a picture of seashells on a beach.  But, just when it seems like we arrived at the full-on DOJ "low-tide", Todd Blanche and J.D. Vance roll out the new "weaponization fund".  Will it ever be safe to go back in the water?

In this episode of set for sentencing,...

The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make. 

But too many clients enter into bad pleas - ones that promise little and give up a lot.   A client shouldn't have to settle for a plea that lacks real bite.

Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a good plea.

IN THIS EP...

Pleading guilty and waiving your right to be presumed innocent until proven guilty beyond a reasonable doubt at trial is the most important choice a client will make in any case.

But the decision to enter into a less than ideal plea agreement with the government is often influenced by fear, intimidation and false information.

So, it's time to give greater consideration ...

The Supreme Court determined that individuals with intellectual disabilities are less culpable and should not face capital punishment.  Diminished Capacity is also applied in non-capital sentencings.

In Hamm v. Smith, the Supreme Court is revisiting the 70 IQ cutoff because of new understand...

Charles "Sonny" Burton is a 75 year old man on Alabama's death row.  But he NEVER KILLED ANYONE.  He was convicted under the archaic and unjust "felony murder" rule.  His more culpable co-defendant got life.  Six jurors regret their vote and want him to live.  The victim's daughter wants him to live.  There has likely never been a more compelling case for clemency.  It's now in the hands of the go...

Congress intended most first-time non-violent offenders receive a non-custodial sentence.  That's how federal law worked before the guidelines.  But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons.  All that may be about to change, with revolutionary new proposals the Commission is co...

It's easy to get overwhelmed by the onslaught of horrible headlines. But advocates need to fight, and words are our weapons. But the problem is, lawyers are never taught how to cut through the noise and get to the heart of the argument.

Part 1 defined the problem: Abuse of Power; Trump exerting total control over the Department of Justice to weaponize the law against his enemies. Don Lemon ...

Our founders wanted US attorneys to retain significant independence from the Department of Justice.  If that happens, then experienced prosecutors have the credibility, and moral fortitude to serve as a buffer between the unfettered power of the government and the people.

But the Trump administration wants absolute power. That's why we're seeing ...

There were big changes in federal sentencing in 2025, and more on the horizon for 2026.  So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com.

IN THIS EPISODE:

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More than ever, we live in a country of selective justice. Some commit crimes with impunity and others are forced to run the gauntlet. The events of last week contain many stark examples, from prosecutions to pardons. So Mark Allenbaugh and I couldn't wait until the new year to talk about it. So, here's one last episode for 2025!

IN THIS EPISODE

• Conviction of Jud...

It's the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support (www.prisonist.org).  I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant.   

It's particularly fitting for a 2025 finale, as the hour is a recap of the effective sentencing strategies we've been discussing on this podcast, and deploying...

Justice-involved autistic individuals have valuable insights for understanding criminal legal challenges related to autism. With proper support and guidance, positive outcomes are possible. Dr. Nick Dubin transformed his own experience in the criminal system into a story of advocacy and hope.

IN...

The appointments clause is enshrined in our Constitution. Checks and balances and separation of powers are a part of our Country's DNA. It's a system we have used for 250 years, designed to prevent abuse of power.  If we adhere to that system, then individual liberty is protected.

But this administration daily demonstrates the dangerous view that the executive branch is all powerful.&n...