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Criminal Law

: Sentencing Law and Policy

How do sophisticated lawyers negotiate sentencing terms?

By Douglas A. Berman

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The WSJ Law Blog here and here provides effective coverage and links concerning famed lawyer Mel Weiss's decision to enter a deal to agree to plead guilty in a case alleging improper kickbacks.  The plea deal can be accessed here, and it is an interesting read.  I was particularly interested in paragraph 15, which sets forth the agreed upon sentencing terms.  And for some reason the parties came up with a range of 18 to 33 months imprisonment.  I think they got these terms from the top and botton of a range of guideline ranges, but it is fun to just speculate about how the big-time lawyers on both sides approached this part of the plea negotiations.

Full post as published by Sentencing Law and Policy on March 21, 2008 (boomark / email).

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