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Sentencing Law and Policy 
News, issues, commentary and provides resources related to sentencing law and policy.
Post Frequency: 77.7/day Last Entry: April 01, 2011 at 10:54:24 Recent Entries: 4815
By Douglas A. Berman
Go to Sentencing Law and Policy, find other Criminal Law blogs, or browse all law blogs.
Letter to the USSC about modern sentencing data
Posted on April 30, 2009I had the honor of signing my name to a terrific letter put together last week by a group of sentencing gurus that urged the US Sentencing Commission to go further in making its sentencing data more transparent and accessible....
"Souter to retire, NBC-TV reports"
Posted on April 30, 2009This title of this post is the title of this report at SCOTUSblog by Lyle Denniston. Here is how it begins: Justice David H. Souter has decided to retire when the Supreme Court completes its current Term in early summer,...
PA death row defendant, tired of delays though asserting innocence, asks to be executed
Posted on April 30, 2009Pennsylvania's death row has over two hundred defendants, but the state has executed only three defendants in the modern era. As detailed in this local story, one defendant is tired of waiting to leave death row via execution: An Altoona...
"Does Unconscious Racial Bias Affect Trial Judges?"
Posted on April 30, 2009The title of this post is the title of this piece appearing on SSRN. Here is the abstract: Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is...
Tenth Circuit rejects novel argument about crack retroactivity rules
Posted on April 30, 2009The Tenth Circuit today in US v. Dryden, No. 08-3310 (10th Cir. April 30, 2009) (available here), rejects a defendant's novel effort to get the benefit of the new retroactive crack guidelines. Here is how it starts: After the United...
"Woman sent to jail for texting in court"
Posted on April 29, 2009This local story from Utah, which carried the headline that is the title of this post, ought to get technology fans and First Amendment gurus all worked up: A Utah woman is in jail for sending a text message. She's...
A post-Stevens pitch to formalize prosecutorial disclosure duties
Posted on April 29, 2009Over at Politico, Josh Gerstein has this fascinating report, headlined "Stevens Judge wants evidence rules changed." Here is how it starts: The judge who oversaw the trial of former senator Ted Stevens ? and who ordered possible criminal contempt proceedings...
Third Circuit finds failure to address departure arguments procedurally unreasonable
Posted on April 29, 2009Continuing its important recent work on reasonableness review, the Third Circuit today provides another notable opinion in US v. Lofink, No. 08-3204 (3d Cir. April 29, 2009) (available here). His is how the ruling starts: The United States District Court...
En banc Sixth Circuit rejects ineffectiveness claim for failing to preserve Sixth Amendment claims pre-Booker
Posted on April 29, 2009Ruling en banc, the Sixth Circuit today in Nichols v. US, No. 05-6452 (6th Cir. April 29, 2009) (available here), reversed course after a panel had previously found defense counsel ineffective for failing to preserve Sixth Amendment claims. Here is...
Eager to hear and post reports on courtroom ripples of new DOJ crack/powder policy
Posted on April 29, 2009Especially because the Justice Department's important advocacy for completely eliminating the crack/powder sentencing disparity (basics here) prompts many real-world questions for on-going crack cases (noted here), I am eager to hear about and post details of any early courtroom consequences...
With the new DOJ advocating completely eliminating crack/powder disparity, now what?
Posted on April 29, 2009Because the wheels of federal sentencing reform move slowly in Congress, the Justice Department's important advocacy for completely eliminating the crack/powder sentencing disparity (basics here) probably will take a while to become new sentencing legislation...
Two SCOTUS losses for criminal defendants
Posted on April 29, 2009As detailed in this SCOTUSblog post, the Supreme Court handed down two opinions this morning and they are both losses for defendants: The Court has released the opinion in Kansas v. Ventris (07-1356) . The decision below, which held for...
Watching the webcast of the Senate crack disparity hearing
Posted on April 29, 2009As detailed in this official notice, the Senate Committee on the Judiciary, Subcommittee on Crime and Drugs will hold a hearing at 10am this morning entitled "Restoring Fairness to Federal Sentencing: Addressing the Crack-Powder Disparity." Though I do not plan...
Unusual porn case leads to unusual rejection of a federal plea deal
Posted on April 29, 2009It is notable any time that a federal judge rejects a plea deal worked out by the prosecution and the defense. But, as documented by local coverage here and here, an unusual porn case from Indiana is notable for lots...
Some real-world insights from some real-world lawyers
Posted on April 29, 2009This interesting new article from the Fulton County Daily Report, headlined "Best Lawyers' Panels Agree That Law Schools, Firms Need Retooling," say a lot about the modern realities facing lawyers and law schools. Here are some notable excerpts that end...
DOJ's basic game-plan while urging crack sentencing reform from Congress
Posted on April 29, 2009Here is a copy of the written testimony from Assistant Attorney General Lanny Breuer submitted to the Senate Judiciary Committee for this morning's hearing on federal crack sentencing (basics here). The last two substantive paragraphs provide an outline of what...
Is the new DOJ about to crack the stalemate over fixing the crack disparity?
Posted on April 28, 2009For many years, politicians and lawyers on both sides of the political aisle have been saying that the notorious 100-to-1 crack/powder ratio in federal sentencing statutes was unjust and should be fixed. But, especially in the legislative and executive branches,...
What kind of plea deal might be in the works for Dreier?
Posted on April 28, 2009This new article from the New York Law Journal, headlined "Dreier to Plead Guilty to All Charges, Attorney Says," reports on a high-profile white-collar prosecution that now appears headed toward a high-profile white-collar sentencing. Here are details from the article:...
"Is Crime Victims Rights Law Being Misused in Environmental Cases?"
Posted on April 28, 2009The question in the title of this post is the headline of this new piece in The National Law Journal. Here is how the effective piece begins: A law that was designed to empower crime victims and give them a...
A SCOTUS win for the capital defendant in Cone v. Bell
Posted on April 28, 2009Though it will not get as much attention as a bunch of four-letter words, the B-ruling in today's Supreme Court double-feature is a win for a capital defendant. Here are the basics courtesy of SCOTUSblog: The Court has released the...
CLR note on co-defendant disparity after Booker
Posted on April 28, 2009Now available on-line is this new Columbia Law Review note titled "Equal Justice Under Law: Post-Booker, Should Federal Judges Be Able to Depart from the Federal Sentencing Guidelines to Remedy Disparity Between Codefendants' Sentences?". Here is the piece's abstract: In...
Eleventh Circuit holds that reasonable suspicion sufficient for search of probationer
Posted on April 27, 2009Today in US v. Carter, No. 08-14460 (11th Cir. April 27, 2009) (available here), the Eleventh Circuit addresses an interesting intersection of different strands of criminal procedure jurisprudence. Here is how the ruling begins: We consider in this appeal whether...
Still no SCOTUS action on Sullivan juve LWOP case from Florida
Posted on April 27, 2009Thanks to SCOTUSblog's posting of today's Supreme Court orders list, it appears that for the second straight week the the Justices have decided not to decide what to do with the cert petition in Sullivan v. Florida. As detailed in...
The little SCOTUS capital case that could...?
Posted on April 27, 2009As detailed in this AP piece, this local story and this SCOTUSblog preview, this morning the US Supreme Court will hear oral argument in Bobby v. Bies, one of the very few capital cases on the SCOTUS docket this term....
"Time to end the crack disparity"
Posted on April 27, 2009The title of this post is the title of this editorial from today's Philadelphia Inquier. Here is an excerpt: This is National Crack the Disparity Month. Never heard of it? Then listen. Crack the Disparity is the name of a...
Circuit courts say the darndest things
Posted on April 27, 2009I make an effort to read just about every published federal appellate ruling dealing with sentencing issues, and sometimes this effort rewards me with amazing nuggets of wisdom from circuit judges. For example, I learned something new about the US...
"America's Sheriff" gets more than 5 years in the federal pen despite acquittals
Posted on April 27, 2009Over the weekend, I noted here the interesting issues surrounding today's sentencing of the former sheriff of Orange County, Mike Carona. Here is the basic AP report on the proceedings: A former Southern California sheriff has been sentenced to 5...
Early report on Bies oral argument
Posted on April 27, 2009As noted here, the Supreme Court this morning heard oral argument in Bobby v. Bies, one of the very few capital cases on the SCOTUS docket this term. This early AP report suggests I was right to predict that the...
Should law enforcement service be an aggravator or mitigator at sentencing?
Posted on April 26, 2009On Monday, the former sheriff of Orange County, Mike Carona, is to be sentenced in federal court. This local account, headlined "Legal experts say ex-sheriff likely to serve prison time: Will ex-lawman's badge be benefit or liability?", puts the spotlight...
Sentencing guidelines promulgated by Korea's supreme court
Posted on April 26, 2009This editorial from The Korea Times, headlined "Eight Major Crimes Subject to Tougher Punishment," provides a window into how similar sentencing issues get discussed and debated around the world. Here are excerpts: The Supreme Court has introduced sentencing guidelines for...
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He arrogantly insists, "let them come after us." Well, if you are invo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
Does failure to provide health insurance benefits at the time promised constitute harm to the employee?
Yes. Failure to provide health insurance benefits is a violation of Labor Law ob...
My job requires me to drive bank deposits up to two times a day using my own vehicle and gas. Although not too far, can should I be receiving compensation? One deposit run is required daily by company policy, but the man
you should be getting a mileage comp. I own my own company and I pay my employee...
Can i sue my employer for breach of Contract?
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