News · Page 4 of 10
Federal Sentencing News Archive, Page 4
- Does Brain Scan Evidence Help or Hurt at Sentencing?
It can do both: evidence of a brain disorder may lead to less prison time, but research suggests it can also lead to more time in a hospital.
- The First Step Act Was Only a First Step: The Case for More Reform
The First Step Act was a real but limited reform, and one prominent conservative argued Congress should make parts of it retroactive and go further.
- CARES Act Home Confinement: How COVID-19 Sent Some Federal Prisoners Home
The CARES Act's emergency home confinement power has ended, but people already placed on it can stay home for the rest of their sentence if they follow the rules.
- The BOP's Plan to Scan Incoming Prisoner Mail Instead of Delivering Paper
In early 2020, the BOP asked vendors how it could scan incoming prisoner mail and deliver it on screens, with the stated goal of stopping drug contraband.
- First Step Act Early Release: Time Credits and 3 Other FSA Paths
The First Step Act opened four paths to an earlier release: FSA time credits, crack-sentence reductions, compassionate release motions and the elderly home detention pilot.
- The Fair Sentencing Act Is Now Retroactive: What It Means for Old Crack Sentences
If your crack cocaine offense was committed before August 3, 2010, and the 2010 law never helped you, you may be able to ask the judge for a shorter sentence.
- The First Step Act, Explained: What It Means for a Federal Prisoner
The First Step Act shortened some federal sentences and gave people in federal prison new ways to earn an earlier release, from time credits to compassionate release.
- The First Step Act in July 2019: 3,100 Releases, Crack Sentence Cuts and the PATTERN Tool
In July 2019, the Justice Department announced more than 3,100 releases, 1,691 crack sentence reductions and PATTERN, the risk tool behind First Step Act time credits.
- Can a Juvenile Be Sentenced to Life Without Parole?
Only if the judge has the power to consider the person's youth: a mandatory life-without-parole sentence for a juvenile is unconstitutional.
- How Older Federal Prisoners Could Ask for Home Detention: The 2019 BOP Memo
In March 2019, the BOP told its staff that eligible prisoners age 60 and older could ask right away to finish their sentence in home detention.
- Can Someone in the U.S. Unlawfully Have a Gun? Federal Law Says No
It is a federal crime for someone in the U.S. unlawfully to have a gun or ammunition, and Second Amendment challenges to that law have so far failed.
- What Are the 5 Goals of Criminal Sentencing?
Criminal sentences serve five goals: retribution, deterrence, incapacitation, rehabilitation, and restitution, and federal judges must weigh them in every case.
- Can Prosecutors Strike Jurors Because of Race? How Batson Challenges Work
· Trial
No: striking a juror because of race violates equal protection, but as Altareb shows, a Batson challenge is hard to win if the prosecutor gives a race-neutral reason.
- How Judges Decide Whether Expert Testimony Can Be Used at Trial
· Trial
The judge acts as a gatekeeper: under Daubert and Rule 702, expert testimony comes in only if the expert is qualified and the opinion is reliable and relevant.
- The Property Is Gone. Can the Government Take Something Else?
Often, yes: if the property tied to the crime is gone because of what the defendant did, the government can take other property or money of equal value.
- Can a Forfeiture Be an Excessive Fine? The Eighth Amendment and Timbs
Yes. A forfeiture that is grossly out of proportion to the crime can violate the Eighth Amendment, and since Timbs v. Indiana that limit applies to the states too.
- How to Get a Federal Sentence Reduced: Appeals, Resentencing and Other Paths
A federal sentence can sometimes be reduced after it is imposed, through an appeal and resentencing, compassionate release, a retroactive guideline change, or cooperation.
- Does Restitution Cover a Victim's Private Investigation Costs? Not After Lagos
No. In Lagos v. United States, the Supreme Court held that this part of the restitution law covers only government investigations and criminal cases.
- Can a Judge Fine You Far Above the Guidelines for Tax Evasion?
Yes. In United States v. Zukerman, the Second Circuit upheld a $10 million tax evasion fine when the Guidelines range topped out at $250,000.
- Can You Appeal After Pleading Guilty in Federal Court?
· Appeals
Sometimes: under Class v. United States, a guilty plea alone does not stop you from arguing on direct appeal that the law you broke is unconstitutional.