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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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The criminal complaint in USA v. Faisal Shahzad...

Posted on May 04, 2010
can be accessed at this link. Obviously, this case is not yet at the sentencing stage, but the complaint reveals that Shahzad is already admitting his involvement in various criminal activities. Thus, it seems that the guilt of this defendant...


"'Shifting positions' on medical pot cited in reduced sentence"

Posted on May 03, 2010
The title of this post is the headline of this new item from the "Weed Wars" section of the Sacramento Bee. Here are the details: One of the most compelling cases pitting California's medical marijuana law vs. federal authority to...


Can, should and will district judges start giving effect to proposed amended guidelines ASAP?

Posted on May 03, 2010
This article from the Wall Street Journal, which is headlined "New Factors to Help Judges Determine Leniency," effectively the proposed new federal guideline amendments released on Friday by the US Sentencing Commission (basics here): New rules will make it easier...


SCOTUS keeps us waiting for Graham and Sullivan, though provides some news while we wait

Posted on May 03, 2010
Today was the last scheduled day for the Supreme Court to release opinions until the second half of May, and neither of the two opinions released this morning are blockbusters. It has now been nearly six months since the oral...


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California legislator urging state to adopt one-drug execution protocol being used by Ohio

Posted on May 03, 2010
I was intrigued and pleased to see this news item in the Stockton Record from California, which is headlined "Lawmaker pushes for state to adopt execution method." Here are the basic detail: A Southern California lawmaker is pushing California to...


NY Gov Paterson creates special pardon panel for legal immigrants

Posted on May 03, 2010
Some helpful readers alerted me to this fascinating news out of New York's Governor's Office, as here reported by the New York Times: In a major rebuke of federal immigration policy, Gov. David A. Paterson announced on Monday that he...


Intriguing Ninth Circuit ruling on post-mortem restitution obligations

Posted on May 03, 2010
The Ninth Circuit handed down an intriguing opinion today in US v. Rich, No. 08-30153 (9th Cir. May 3, 2010) (available here), concerning an order of restitution after a Ponzi scheme conviction. Here is how the panel opinion describes its...


Interesting review of the age of killers and those killed in Alabama

Posted on May 02, 2010
This feature story from the Birmingham News, which is headlined "The killing years: Accused killers in the Birmingham area, and victims, often under age 25," provides an interesting review of the chronological dynamics surrounding those killed and those who are...


"Legalizing marijuana not really a dopey idea"

Posted on May 02, 2010
The title of this post is the headline of this new commentary by Michael Stetz of the San Diego Union Tribune, which includes some notable and important data about prison populations and arrests in California. Here are excerpts: Who knows,...


"Group to censure physicians who play role in lethal injections"

Posted on May 02, 2010
The title of this post is the headline of this notable article from today's Washington Post, which reviews the latest effort by a group of doctors to prevent physician involvement in lethal injections. Here are excerpts: A national physicians organization...


Lots of interesting questions in upcoming sentencing proceeding for hacker of Sarah Palin's e-mail

Posted on May 01, 2010
As detailed in this story from InformationWeek, which is headlined "Hacker Of Sarah Palin's E-Mail Found Guilty: Palin calls violating the law for political gain 'repugnant'," a high-profile federal computer crime case is now ready to shift into a sentencing...


Why the proposed new federal guideline amendments are symbolically important

Posted on April 30, 2010
There are lots of practical and technical reasons why the proposed new federal guideline amendments released today by the US Sentencing Commission (basics here) are quite important and potentially very consequential for the day-to-day work of litigants and judges in...


Interesting split Eleventh Circuit ruling on whether ADA applies to a private prison

Posted on April 30, 2010
Because I am not an expert on the American with Disabilities Act, I cannot readily assess the merits of the split ruling by the Eleventh Circuit today in Edison v. Douberly, No. 08-15819 (11th Cir. 2010) (available here). But the...


"Convicted Felon Sues State Over Right To Bear Arms"

Posted on April 30, 2010
The title of this post is the headline of this notable press story sent to me by a helpful reader. Here is how the piece starts: A Franklin man is suing the state of Tennessee for not honoring a pardon...


US Sentencing Commission posts full text of its significant new guideline amendments

Posted on April 30, 2010
I am very pleased to report that the US Sentencing Commission now has posted on its website the full text of its new "Amendments to the Sentencing Guidelines, Policy Statements, and Official Commentary." Here is how this technical document is...


Is California finally getting closer to bringing its death chamber back on line?

Posted on April 30, 2010
As detailed in this Los Angeles Times article, which is headlined "California revises execution guidelines," the state with the largest death row has finally taken a critical step forward in its long-stalled efforts to revise its execution protocol in response...


New Florida bill to criminalize sex offenders coming with 300 feet of places where children congregate

Posted on April 30, 2010
This new local article, which is headlined "Fla. Senate to vote on restricting sex offenders from within 300 feet of schools, parks," indicates that Florida is soon to have a new restriction on the conduct of sex offenders. Here are...


Federal prosecutors now seeking 25-year prison term for Rubashkin

Posted on April 30, 2010
This AP article, which is headlined "25-year term sought in Iowa slaughterhouse case," provides a recap of the conclusion of the two-day sentencing hearing in a high-profile white-collar case in Iowa. Here are some of the details: Prosecutors asked a...


President Obama nominates Judge Patti Saris to take over as Chair of USSC

Posted on April 29, 2010
As detailed in this press release from the White House, yesterday "President Obama nominated Judge Patti B. Saris as Commissioner and Chair of the United States Sentencing Commission and Dabney Langhorne Friedrich as Commissioner on the United States Sentencing Commission...


"The Stability of Case Processing and Sentencing Post-Booker"

Posted on April 29, 2010
The title of this post is the title of this notable empirical paper that I just noticed via SSRN. The piece is authored by Jeffery Todd Ulmer and Michael Thomas Light, and here is the abstract: In January of 2005,...


Intriguing little Ninth Circuit ruling rejecting various challenges to denial of parole

Posted on April 29, 2010
For anyone too quick to assume that defendants always win in the Ninth Circuit with novel constitutional claims, consider checking out today's panel ruling in Moor v. Palmer, No. 07-16045 (9th Cir. Apr. 29, 2010) (available here). In Moor, a...


Researchers requesting information on attorney plea and jury selection strategies

Posted on April 29, 2010
I have been contacted by a doctoral student in legal psychology at the John Jay College of Criminal Justice, who has kindly asked for me to post the following formation about research she and a colleague are doing on attorney...


Of interest from The BLT

Posted on April 29, 2010
The Blog of Legal Times has a number of new (and lengthy) posts this week that may be of interest to various sentencing fans for various reasons: DOJ Challenges Sex Offender's Effort to Renounce Citizenship GOP Senators Hammer Nominee on...


Any fresh thoughts about President Obama's pending SCOTUS nomination decision?

Posted on April 29, 2010
In addition to being a bit (unjustifiably?) annoyed that it is taking quite some time for President Obama to name a replacement for Justice Stevens, I am annoyed that the same usual suspects keep getting talked up on the usual...


Effective USA Today coverage of President Obama's clemency stinginess

Posted on April 28, 2010
Yesterday's edition of USA Today had a pair of pieces (and this reprinted graphis) discussing federal clemency realities, which effectively stressed the significant fact that President Obama has received a huge number of clemency requests while having granted not a...


Federal sentencing hearing starting in high-profile Rubashkin white-collar case

Posted on April 28, 2010
As detailed in this Des Moines Register article, which is headlined "Stage set for arguments over Rubashkin sentence," anyone interested in debates over white-collar sentencing ought to be following events in an Iowa federal district court this week: A fierce...


"Jailbirds Order Up Hot Wings"

Posted on April 28, 2010
The title of this post is the headline of this fascinating article about a modern new development in the economics of prison food from yesterday's Wall Street Journal. Here is how the piece starts: In a bid to raise cash...


Latest FSR issue, "Booker at Five," now available on-line

Posted on April 28, 2010
I am overdue in reporting that the latest issue of the Federal Sentencing Reporter, which is full of analysis and primary materials assessing federal sentencing law and practice five years after the Booker decision, is available on-line. This issue bears...


Federal district judge rejects corporate plea deal

Posted on April 28, 2010
This New York Times story, which is headlined "Judge Rejects Plea Deal on Guidant Heart Device," reports on an interesting development in a notable federal corporate prosecution. Here are the basics: A federal judge in Minnesota on Tuesday rejected a...


Interesting probation condition claim in (novel?) "couple sentencing" rejected by Seventh Circuit

Posted on April 28, 2010
The Seventh Circuit has an interesting sentencing ruling today in US v. Diekemper, No. 09-2081 (7th Cir. Apr. 28, 2010) (available here), which caught my eye particularly because of a novel claim is a (perhaps) novel sentencing deal involving a...


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