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 other reason for the title is because the achor’s up on the new ship of state, and anyone paying attention should feel deeply unmoored. The vessel is powering through dark and dangerous waters, with seemingly nothing other than doom on the horizon, particularly when it comes to our criminal system.
If you are not a guidelines nerd, and you’d like to hear our take on recent pardons and relevant executive orders from the new administration, then fast forward to 24:30.
Lastly, please excuse the bad quality of the recording. I had the pleasure of being in the same physical space ("IRL" as the kids call it) with Mark Allenbaugh, which is a very rare occurrence. So we hunkered down in a booth at Jack’s Steakhouse and Seafood in Bismark, North Dakota (https://jackssteakhouse.net), and recorded this episode. The "live" element without my good sound stuff explains why the recording is a little wonky.
IN THIS EPISODE:
- Proposed guideline amendments eliminating departures and limiting supervised release;
- Thoughts on the sweeping pardons issued by both the Biden and Trump administration;
- Thoughts on some of the new executive orders that will significantly impact federal criminal law.
LINKS:
Link to public comment on guideline page:
https://comment.ussc.gov/apex/r/ussc_apex/publiccomment/home
Link to proposed amendments:
Past Set For Sentencing Episode on Pardons – This episode (105) dropped at the beginning of January, before Pres. Biden cleared federal death row and issued sweeping “pre-emptive” pardons for his family and others:
https://youtu.be/cuQrGO8HNlw?si=uIBxTauumZAqg5TU
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