Articles · Page 2 of 4
Sentencing articles
Articles filed under Sentencing, newest first.
- Charged With Failing to Register as a Sex Offender? Federal Sentencing
Knowingly failing to register or update a sex offender registration can be a federal felony carrying up to 10 years in prison.
- What If the Judge Pressured You Into a Plea Deal?
A federal judge may not take part in plea talks, and in Iazzetta the Ninth Circuit threw out a sentence because a judge did.
- Does Burglary of an RV or Mobile Home Count Under the ACCA?
Yes. The Supreme Court held in United States v. Stitt that burglary of a vehicle or structure adapted for overnight stays can count toward the ACCA's 15-year minimum.
- What Is the Possible Sentence for a Federal Conspiracy Charge?
It depends on the law: general federal conspiracy carries up to 5 years, while drug conspiracy carries the same penalties as the drug crime itself.
- Old Crack Cocaine Sentence? Fair Sentencing Act Retroactivity Questions Answered
If your crack cocaine offense was committed before August 3, 2010, Section 404 of the First Step Act may let you ask the judge for a shorter sentence.
- Does a Judge Have to Explain a Sentence Reduction?
Not in much detail: a short form order can be enough, as long as the record shows the judge had a reasoned basis for the decision.
- The Sentencing Commission's December 2018 Proposals, and What Happened to Them
The Commission proposed fixes for Koons and the crime of violence definition in 2018, but lost its quorum and never adopted them as written.
- He Cooperated and Got 10 Years Over the Range. The Fifth Circuit Said No
The Fifth Circuit threw out a sentence more than 10 years above the guideline range for a man who cooperated at risk to his life, and even the government agreed.
- Can a Prior State Drug Conviction Raise Your Federal Sentence?
It can, but in the Second Circuit a state drug conviction counts under the gun guideline only if the drug is also on the federal list.
- Can a Judge's Hidden Racial Bias Affect a Sentence?
It can: studies show judges carry hidden racial and ethnic biases like everyone else, though awareness and clear decision rules help keep them in check.
- The Federal Sentencing Memorandum: 5 Keys to Persuading the Judge
A sentencing memorandum is your written argument for a specific sentence, and it is often your best chance to shape the judge's view before the hearing.
- Can a Guideline Mistake Be Fixed on Appeal If Nobody Objected?
Usually yes: the Supreme Court held that an obvious guideline error that affects the sentence should ordinarily be corrected on appeal.
- Charged With Federal Money Laundering? The Law, Penalties, and Defenses
Federal money laundering can carry up to 20 years per count, though the actual sentence usually depends on the guidelines and the amount involved.
- First Step Act vs. Sentencing Reform and Corrections Act: The 2018 Debate
The fight ended in a compromise: the First Step Act that became law in December 2018 paired prison reform with several sentencing changes from the SRCA.
- What Happens at a Federal Sentencing Hearing?
At a federal sentencing hearing, the judge settles disputes over the presentence report, hears from both sides and the defendant, and announces the sentence.
- Did Releasing Crack Offenders Early Lead to More Crime? A 2018 Study Said No
No. People released early under the retroactive 2011 crack cocaine guideline cut reoffended at the same rate as people who served their full terms.
- The 2018 Bill to Lower Fentanyl Mandatory Minimums to 2 Grams
A 2018 Senate bill would have made 2 grams of fentanyl enough for a 5-year mandatory minimum; it never became law, but fentanyl penalties have changed since.
- Why Do We Punish Crime? The Five Sentencing Philosophies
We punish crime for five main reasons: retribution, incapacitation, rehabilitation, deterrence, and restoration, and most people lean toward one or two of them.
- How the Federal Sentencing Guidelines Work, in Plain English
The Guidelines give the judge a suggested prison range in months; the judge must calculate it and consider it, but does not have to follow it.
- How Federal Sentencing Worksheets Calculate a Guidelines Range
Probation officers use four worksheets to score the offense and criminal record, then read the Guidelines range off the Sentencing Table.