Sentencing

The 2019 U.S. Supreme Court

What Acquitted Conduct Says about Justice Kavanaugh and Federal Defendants and Supervised Release The Supreme Court has changed drastically over the last two years. With the inclusion of both Justice Gorsuch and Justice Kavanaugh to the highest court in the Country, there are plenty of questions on what way things will go for federal defendants …

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Federal Sentencing: Criminal History Category

Calculating Criminal History Weight The final piece to sentencing calculations takes into consideration criminal history. Everything from misdemeanor driving crimes (like driving with a suspended license) to prior major felonies, the PSI/R considers the entirety of a defendant’s criminal history. With no criminal history at all, zero points are assigned. Every other instance of past …

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Dimaya Sentence Reductions via §2255

The Sentence Reduction Potential of Dimaya and Johnson On April 17, 2018, the Supreme Court of the United States published an opinion in an immigration case called Sessions v. Dimaya. This case caused waves because the left-leaning justices split with right-leaning justices evenly at 4-4 and the deciding vote was the freshman justice Gorsuch. In …

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Federal Sentencing Explained in Plain English

Federal Sentencing Primer After a plea deal is signed, which happens in well over 90% of federal criminal prosecutions, the next phase in a case is sentencing. Most first-time offenders really don’t know exactly how this sentencing is done or considered by federal courts, prosecutors, and judges. While defense attorney’s are supposed to do a …

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