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Criminal Law

Sentencing Law and Policy Sentencing Law and Policy

News, issues, commentary and provides resources related to sentencing law and policy.
By Douglas A. Berman

Post Frequency: 77.7/day

Last Entry: April 01, 2011 at 10:54:24

Recent Entries: 4815

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Am I crazy to see a sentencing back-story in the Skilling ruling?

Posted on June 24, 2010
As my students know, I think everything in the world (not just everything related to criminal justice) is somehow. Consequently, I may be trying a bit too hard to find a sentencing story in the Supreme Court's decision today in...


Mark your calenders for Monday, June 28, Second Amendment fans

Posted on June 24, 2010
With the release of a ruling in Skilling and the other honest services cases (basics here) and also a fascinating AEDPA habeas ruling in Magwood (basics here), criminal justice fans now only await one final decision from the Justices this...


Anyone have ideas how (and how many) federal fraud prosecutions will be impacted by Skilling?

Posted on June 24, 2010
Former Enron CEO Jeff Skilling's name will likely now remain (in)famous for a long time not just because of his role in Enron's collapse and his subsequent prosecution, but also because his case is now the chief one used by...


Another AEDPA habeas win for a defendant produces fascinating 5-4 SCOTUS split

Posted on June 24, 2010
Though sure to be lost in the all attention given to the honest services ruling today, hard-core habeas fans will be eager to check out the result and the voting patterns in today's SCOTUS ruling in Magwood v. Patterson. Here...


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SCOTUS decides honest services fraud statute covers only brides and kickbacks

Posted on June 24, 2010
Through a series of three opinions authored by Justice Ruth Bader Ginsburg, the Supreme Court this morning has had a lot to say about the federal "honest services" fraud statute that has historically played a prominent role in many white-collar...


This is Fox News on drugs ... lots of questions

Posted on June 24, 2010
The title of this post should remind folks of my generation of the all-time classic PSA from the 1980s urging kids to stay off drugs. And it is inspired by this new series at Fox News, which is headlined "Going...


Backdating nets former Brocade CEO sentence of 18 months

Posted on June 24, 2010
In a day filled with federal white-collar news, here is one more story of note from California's federal courts: a "federal judge sentenced former Silicon Valley executive Gregory Reyes to 18 months in prison and fined him $15 million Thursday...


Much ado about two months in the resentencing of former Qwest chief Joe Nacchio

Posted on June 24, 2010
As noted in this first report from the Denver Post, the "federal judge handling former Qwest CEO Joe Nacchio's resentencing has imposed a sentence of 70 months and ordered him to pay $19 million in fines and $44.6 million in...


Some blogosphere reactions to Skilling et al.

Posted on June 24, 2010
Based on a brief tour of the legal blogosphere, I found these posts of notes reacting to the Supreme Court's reconstruction of the honest services fraud statute in Skilling and companion cases fraud statute (basics here, full opinion in Skilling...


Fascinating review of the costs and challenges of sex offender civil commitment

Posted on June 23, 2010
The AP has produced this recent and effective article, headlined "Sexual predator treatment squeezes state budgets," noting the struggles many states are now having with their sex offender civil commitment laws. The piece highlights why I do not worry too...


Supporters decry while prosecutor defends stiff sentence given to Sholom Rubashkin

Posted on June 23, 2010
Two new pieces highlight two very different perspectives on the very long federal sentence given earlier this week to Sholom Rubashkin for his role in the financial fraud at a former Iowa kosher plant: From the Huffington Post here, "Supporters...


BJS reporting state prison population down almost 3,000 in 2009, while fed population rose over 6,800

Posted on June 23, 2010
As detailed in this official press release from the Bureau of Justice Statistics, in 2009 "the number of prisoners under jurisdiction of state correctional authorities decreased by 2,941 inmates (down 0.2 percent)." This is big news because it represents "the...


"Nacchio may receive lighter prison term"

Posted on June 23, 2010
The title of this post is the headline of this new report from the Denver Post, which reflects a sentencing hearing going on this week in federal court in a high-profile white-collar resentencing. Here are some of the details (which...


Sixth Circuit panel finds five-day sentence for child porn offense substantively unreasonable

Posted on June 22, 2010
The Sixth Circuit handed down US v. Christman, No. 08-4474 (6th Cir. June 22, 2010) (available here), yet another notable sentencing decision in yet another ugly child porn case. The case appears to have been handled poorly in a variety...


Should we laud or lament self-help and shaming sentences for shoplifters?

Posted on June 22, 2010
Today's New York Times has this fascinating article, headlined "Stores? Treatment of Shoplifters Tests Rights," about a kind of corporate punishment for shoplifters that has being imported to New York City from China. The full article is a worth reading,...


Eleventh Circuit gives the "Great Writ" some notable life

Posted on June 22, 2010
A helpful reader alterted me to a "blockbuster of an Eleventh Circuit opinion that just came down" late yesterday and that give habeas review an equitable jolt. The procedural details of the ruling in Gilbert v. US, No. 09-12513 (11th...


"Obama slowly puts his mark on federal courts"

Posted on June 22, 2010
The title of this post is the headline of this extended article at MSNBC discussing the slow increase in the number of federal circuit court judges appointed by President Obama. Here are the basics: Democrats control the White House and...


Times Square bomber pleads guilty to all counts, including those with mandatory life terms

Posted on June 22, 2010
This morning's New York Times has this report, headlined "Guilty Plea in Times Square Bomb Plot," on the latest suprising legal turn in a high-profile terror prosecution. Here are the particulars: The suspect in the failed Times Square bombing pleaded...


"Drug sentencing: It's a balancing act between state versus federal guidelines"

Posted on June 22, 2010
The title of this post is the headline of this effective new piece from the Richmond Times Dispatch, which is principally focused on how on how crack cases are processed in Virginia's federal courts. Here are some excerpts: Among the...


Some notable reactions and coverage of the severe white-collar sentence for Sholom Rubashkin

Posted on June 22, 2010
As reported here yesterday, a high-profile white-collar case culminated in a very long sentence for Sholom Rubashkin for his role in the financial fraud at a former Iowa kosher plant Agriprocessors Inc. This sentence has already produced notable reactions, as...


Seventh Circuit finds inadequate district court's sparse justification for way below-guideline sentence

Posted on June 22, 2010
The Seventh Circuit in US v. Brown, No. 09-1028 (7th Cir. June 22, 2010) (available here), provides district judges with yet another important reminder that they need to explain fully the bases for their sentencing judgments. Here is how the...


Ninth Circuit en banc habeas dissent assails state judge plea involvement as "judicial extortion"

Posted on June 21, 2010
Today the Ninth Circuit handed down a divided en banc habeas ruling in Murdoch v. Castro, No. 05-55665 (9th Cir. June 21, 2010) (available here), which upholds a California state conviction over a potent lead dissent authored by Chief Judge...


Kosher plant CEO Sholom Rubashkin sentenced to 27 years imprisonment

Posted on June 21, 2010
This local newspaper entry, which is headlined "Sholom Rubashkin to receive 27-year prison sentence," reports on the severe sentencing outcome in a high-profile federal white-collar case out of Iowa. Here are the early details: Sholom Rubashkin will receive a 27-year...


Show me the role reversal when sentencing guidelines are more lenient

Posted on June 21, 2010
Anyone familiar with advocacy and debate surrounding federal sentencing knows that federal prosecutors are frequently extolling the virtue of sentencing guidelines and that defense attorenys are frequently excoriating the guidelines. Though the prosecutors claim they are fans of crime-based consistency...


Some notable legal news concerning capital case handling

Posted on June 21, 2010
Thanks to law.com, we can all read two new pieces that serve as a kind of follow-up to the controversial ways in which a couple of high-profile capital cases were handed. Here are the headlines with links: Utah Attorney General...


A mostly civil morning at the Supreme Court, with a terror prosecution ruling on the side

Posted on June 21, 2010
As super SCOTUS fans know, we are coming down to the wire with the current Supreme Court Term. Though the Court has already resolved most of the top sentencing cases I flagged here at the start of the Term, criminal...


SCOTUS grants cert on another AEDPA habeas issue

Posted on June 21, 2010
SCOTUSblog is reporting this morning that the Supreme Court has granted cert in Walker v. Martin, Docket No: 09-996, which presents this complicated federal habeas issue emerging from the Ninth Circuit (explained here): Whether, in federal habeas corpus proceedings, a...


A year after SCOTUS intervenes, Troy Davis innocence hearing about to start

Posted on June 21, 2010
As detailed in this local article, which is headlined "Court to hear innocence claim in Ga. death case," a high-profile capital case that prompted an extraordinary move by the Supreme Court is finally moving forward this week. Here are the...


You make the sentencing call: resentencing of Qwest's Nacchio on tap for this week

Posted on June 21, 2010
As detailed in this Denver Post article, which is headlined "Former Qwest CEO Nacchio awaits resentencing," a high-profile white-collar defendant is scheduled to be resentenced later this week. Here are all the details: Former Qwest chief executive Joe Nacchio, 14...


Is fostering fatherhood an effective means to promote rehabilitation?

Posted on June 20, 2010
The question in the title of this post is inspited by this recent USA Today article, which is headlined "Prison dads learn meaning of 'father'" and which seems like a fitting post in honor of today's Hallmark holiday. Here is...


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