Sentencing

We hear the term conspiracy all the time. Rarely is there a crime drama where a conspiracy charge isn’t filed or threatened; or where there is sentencing for conspiracy. In fact, recently the Democratic National Committee filed a lawsuit alleging that the Trump presidential campaign, Russia, Wikileaks, and Trump’s son and son-in-law engaged in a…

With the passage of the First Step Act of 2018, there’s a whole lot of people, both in and out of prison, that have kicked their hustle game into high gear. But this can be very dangerous, particularly when the individual giving “advice” does not know what they are talking about. That is on top…

Sentencing modifications are typically good news for a criminal defendant. In fact, it seems odd that a defendant would appeal a reduction in his prison sentence. However, if a defendant receives a reduction that is less than what he thinks he is entitled to, he may try to challenge the judge’s decision, especially if the…

“These mandatory minimum sentences are perhaps a good example of the law of unintended consequences . . . “ – U.S. Supreme Court Chief Justice William Rehnquist The Objective of Mandatory Minimums – A Double-Edged Sword While it is unclear whether former Chief Justice Rehnquist was referring to all mandatory minimum sentences as a policy…

On December 13, 2018, the United States Sentencing Commission published a “reader friendly” version of the proposed amendments to the federal sentencing guidelines. The public comment period for the proposed amendments will run through February 19, 2019. The reply period will officially close on March 15, 2019. The proposed amendments include the following major categories…

It stands to reason that if a defendant facing criminal charges cooperates with the government, then the government will recommend a reduced sentence. In the case of United States v. Mathes, the Fifth Circuit Court of Appeals certainly thought so and ordered that a defendant who exhibited “extraordinary cooperation” in the government’s drug trafficking investigation be…