Impact of Prior State Drug Convictions on Federal Sentences
The Second Circuit Court of Appeals recently tackled a complicated issue involving the application of New York state drug laws to the federal sentencing guidelines for a defendant convicted of possessing Xanax with the intent to distribute and possessing a firearm as a convicted felon. In United States v. Townsend, the Second Circuit took a critical…
Should a Conviction Mean That You Can’t Vote?
Voter suppression laws, gerrymandering, and challenges to the Voting Rights Act are all attacks on citizens’ right to vote, and on their vote being counted. Another voter suppression tactic – one that has been around for centuries – is the use of “felony disenfranchisement” laws in the United States, i.e., laws that restrict the right…
Sentencing Discrimination: The Hidden Role of Implicit Racial Bias
Judges who hand down criminal sentences every day in our federal and state courts engage in sentencing discrimination without even really understanding or being aware of it. How do we know that is true, and what can we do about it? Strangely enough, part of the answer can begin on Broadway. “What do Broadway musicals…
5 Essential Aspects of a Sentencing Memorandum
The best way to present a cogent, organized, and persuasive sentencing argument is through a Sentencing Memorandum. As you may know, in either state or federal criminal court, the next stage following any criminal conviction is the sentencing stage. During this phase of the criminal process arguments from both sides are made to the judge,…
Plain Error Rule: U.S. Supreme Court Overturns Fifth Circuit
Normally, if a trial court made an obvious mistake in calculating a person’s sentence the mistake should be corrected, right? Well, if the Fifth Circuit had its way, the answer would be “no.” Luckily, the U.S. Supreme Court in a June 2018 decision set the record straight on the proper application of the plain error…
McConnell Pressured to Allow Passage of First Step Act
It could be the most significant step in criminal sentencing and prison reform in a generation. But, the FIRST STEP Act faces one major obstacle standing in the way of passage – Kentucky Senator and Senate Majority Leader Mitch McConnell. And this could be the one and only chance for this historic bill to pass.…
First Step Act Prison Reform Bill Update
A Tentative Deal in the Senate May Finally Pave the Way for the Most Substantial Rewrite of the Nation’s Criminal Justice Laws in a Generation. Having just worked our way through a blistering midterm election season, there is little question that our country is divided. Indeed, come January 2019, Congress will officially be divided with…
First Step Act FAQs: Criminal Justice Reform in Action
On November 14, 2018, criminal justice and prison reform advocates finally heard what they had wanted to hear for almost a year: President Donald Trump is “thrilled to announce his support” for the bipartisan First Step Act criminal justice reform legislation. With President Trump’s support of this legislation the last true obstacle to the First…
Sentencing Chart in New York: A Closer Look
Just like the Federal Sentencing Guidelines, many states have their own version of sentencing guidelines, and sentencing charts. The State of New York is no exception. The Sentence Chart in New York for state crimes is particularly complicated. In fact, there is not just one sentencing chart in New York, but four. Moreover, those four…
Sentencing For Money Laundering. Does Crime Pay?
The old adage “crime doesn’t pay” may be true as an overall principle; yet, as a practical matter, crime often does pay – sometimes it pays quite a lot. In fact, the Internal Revenue Service (IRS) has reported that crimes involving money represent the majority of criminal activity in the United States. Because money laundering…