Articles · Page 2 of 5
Sentencing Article Archive, Page 2
Articles filed under Sentencing, newest first.
- 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.
- Federal Restitution Orders: How They Work and When You Can Challenge Them
Federal restitution is a court order to repay a victim's losses from the crime. You usually cannot avoid it after a conviction, but you can challenge the amount.
- What Do Sentencing Terms Like Concurrent and Consecutive Mean?
A concurrent sentence is served at the same time as another; a consecutive one starts after the first ends. Here are those and other sentencing terms in plain English.
- Does a Traffic Stop Count as an Arrest for Your Criminal History Score?
In the Third Circuit and several others, no: a traffic stop that ends with a summons is not an intervening arrest, so two prior sentences may count as one.
- 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.
- Chavez-Meza v. United States: Must a Judge Explain a § 3582(c)(2) 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 clearest 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.