News · Page 7 of 10
News and articles
- Did Making the Sentencing Guidelines Advisory Worsen Racial Disparity?
It depends whom you ask: the Sentencing Commission found wider racial gaps after Booker, while federal defenders blamed mandatory minimums and charging choices.
- How the Federal Sentencing Guidelines Work, and Where They Came From
The federal sentencing guidelines give the judge a recommended prison range to start from, but since 2005 the judge does not have to follow it.
- Racial Bias in Sentencing: What the Numbers Show
Black Americans are imprisoned at about five times the rate of white Americans, and laws, hidden bias, and unequal conditions all play a part.
- Can a First-Time Federal Offender Avoid Prison?
Sometimes: federal law already favors non-prison sentences for many first offenders, and the guidelines have moved further that way since 2017.
- Why Similar Federal Crimes Can Get Very Different Sentences
Similar conduct can draw very different federal sentences, depending on the Guidelines, mandatory minimums, and how much room the judge has to decide.
- How to Choose a Lawyer for Federal Sentencing: 5 Tips
A sentencing advocate shows the judge who you really are before the sentence is set, so look for someone who cares, knows federal sentencing, and is realistic.
- Should Anyone 21 or Younger Face the Death Penalty? The ABA Says No
In February 2018, the American Bar Association urged every U.S. jurisdiction to stop sentencing people to death for crimes committed at age 21 or younger.
- Sentencing Reform and Federal Prison News: January 2018
In January 2018, several reform bills were pending in Congress and the Sentencing Commission was weighing new amendments; the First Step Act passed that December.
- Congress's 2017 Hearing on Halfway House Cuts Brought Few Answers
Families hoped a December 2017 House hearing would hold the BOP accountable for cutting halfway house time, but it brought mostly soundbites and soft questions.
- Supreme Court Agrees to Hear Three Federal Criminal Cases (December 2017)
· Appeals
The Supreme Court took three criminal cases in December 2017, and its 2018 rulings decided who can get guideline-based sentence reductions.
- Why the BOP Cut Halfway House Time in 2017: Two Internal Memos
Two internal BOP memos from October 2017 blamed budget limits and crowding for cutting halfway house time, and predicted average stays would fall to about 120-125 days.
- How Federal Halfway House Placement Works, and What to Do If the Time Is Cut
The BOP can place someone in a halfway house for up to 12 months before release, and longer in some cases, and there are steps to take if that time is cut.
- Sessions v. Dimaya: What Justice Gorsuch Asked at the Reargument
Justice Gorsuch cast the deciding vote in 2018 to strike down 18 U.S.C. § 16(b) as vague, and his questions at the 2017 reargument showed where he was headed.
- The Supreme Court's October 2017 Term: Criminal Cases to Watch
· Appeals
The October 2017 term produced major criminal rulings, including Dimaya on vague laws, Carpenter on cell phone records, and Class on appeals after a guilty plea.
- Can Johnson Be Used to Challenge a Pre-Booker Guideline Sentence?
Only in some circuits, and only if filed by June 26, 2016. The circuits split on Johnson and mandatory guidelines, and the Supreme Court never resolved it.
- Who Got Clemency Under Obama's 2014 Initiative? What the Data Shows
A 2017 Sentencing Commission report found that only 86 of 1,696 people granted commutations under the 2014 initiative appeared to meet every announced factor.
- Can a Judge Lengthen Your Supervised Release to Punish You?
No. A judge may not set the length of supervised release to punish you for your crime, as United States v. Burden explains and Esteras (2025) confirms.
- Gun-Transport Conviction Reversed Over a Faulty "Willfully" Instruction
· Appeals
The Ninth Circuit reversed a federal gun-transport conviction because the jury instruction on "willfully" let jurors convict for intending a different crime.
- The Prison Reform and Redemption Act: The Bill Behind the First Step Act
The Prison Reform and Redemption Act never passed on its own, but its time credit system became the core of the First Step Act in 2018.
- Where Do You File a § 2241 Petition, and Whom Do You Name?
File a § 2241 petition in the federal district where you are held and name the warden as your custodian, not the President or the Attorney General.