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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.
"We Deserve Our Lives Back"
Posted on April 04, 2009The title of this post is the name of this website. Here is its mission statement: We Deserve Our Lives Back is a non-profit organization established to locate bills/laws that work in conjunction with second chance agencies in providing a...
"The Fall of the Presidential Pardon"
Posted on April 04, 2009The title of this post is the title of this effective piece on modern federal clemency realities sent my way by a helpful reader. Here are a few lengthy excerpts from a lengthy article that justifies a full read: Although...
Ohio ACLU writes to local lawmakers and prosecutors about sexting
Posted on April 03, 2009This local piece reports on an interesting sexting developing in Ohio: "The American Civil Liberties Union of Ohio sent letters to all county prosecutors and members of the Ohio General Assembly today, calling on them to respect sex offender laws...
"Michael Vick says prison gave him time to think"
Posted on April 03, 2009The title of this post is the headline given by my local paper to this AP article about Michael Vick's comments to a bankruptcy court today. Here's more from the article, which includes some interesting reentry aspects: Suspended NFL star...
Deep thoughts about post-Booker sentencing and sources of law
Posted on April 03, 2009Professor Mark Osler, whose tendency toward deep and provocative sentencing thoughts are exemplified by his recent book"Jesus on Death Row: The Trial of Jesus and American Capital Punishment," has a fascinating new article now available here via SSRN...
State execution team resigns due to lethal injection litigation
Posted on April 03, 2009At least in Washington state, it appears that when the litigation going gets tough, the not-so-tough resign. That's what I take away from this local story, headlined "State's execution team resigns, fearing identities would be revealed." Here are the basics:...
"Release of sex offenders delayed"
Posted on April 03, 2009The title of this post comes from the title of this new entry at SCOTUSblog. Here are the particulars from the start of a long and effective post by Lyle Denniston: Chief Justice John G. Roberts, Jr., put on hold...
While New York "drops the rock," one state senator ups the rhetoric
Posted on April 03, 2009As detailed in this local article, not everyone in New York is happy with the state legislature's decision to reform the Rockefeller drug laws. Specifically, as explained in this official press release, state Senator Joseph Griffo is reiterating "his warning...
Interesting new paper on Baze and lethal injection litigation
Posted on April 02, 2009A helpful reader pointed me to this new paper appearing on SSRN titled "Bazed and Confused: Lethal Injection, the Eighth Amendment, and Plurality Opinions." Here is the abstract: For over six months, from October 2007 to April 2008, there was...
Good timing for a message-sending tax fraud sentence!?!
Posted on April 02, 2009As detailed in this AP article, a federal district judge "saying he wanted to send a message to "quick-buck artists," handed down stiff sentences Wednesday to two former executives and a lawyer with accounting firm KPMG for helping rich people...
Split Ninth Circuit reverses (yet again) the prison sentence in unique Paul case
Posted on April 02, 2009Those who follow post-Booker reasonableness review (too) closely may recall that the Ninth Circuit's unpublished decision in US v. Paul, No. 06-30506 (9th Cir. Aug. 17, 2007) (available here, bogged here), is the only within-guideline sentence reversed as substantively unreasonable...
Former Illinois Gov Blagojevich (finally) indicted by feds
Posted on April 02, 2009As detailed in this New York Times report, former Gov Blagojevich is now officiall defendant Blagojevich. Here are some of the particulars: Rod R. Blagojevich, this state?s ousted governor, was charged on Thursday with 16 felony counts, among them racketeering...
Sixth Circuit vacates sentence for lack of adequate explanation
Posted on April 02, 2009Though very few post-Gall appeals lead to reversals of sentences as substantively unreasonable, we are still getting a reasonable number of opinions concluding that a district court has failed to adequately explain the reasons for the sentence it has imposed...
New report on drug courts from The Sentencing Project
Posted on April 02, 2009I received news of an important new report on drug courts from The Sentencing Project. Here is the text of the e-mail I received about the report: The Sentencing Project is pleased to announce the publication of a new report,...
President Obama nominates two more district judges to serve as circuit judges
Posted on April 02, 2009As detailed in this official press release, "President Obama today announced his intent to nominate Judge Gerard Lynch for a seat on the United States Court of Appeals for the Second Circuit and Judge Andre Davis for a seat on...
Federal judge blocks enforcement of Georgia law prohibiting sex offenders from volunteering in church
Posted on April 01, 2009As detailed in this local article, federal district judge on Monday "granted a preliminary injunction that overturns a provision of Georgia?s sex offender law [that] prohibited registered sex offenders from volunteering in churches." Here are more details from the article:...
"Opponents Focus On Cost In Death Penalty Debate"
Posted on April 01, 2009The title of this post is the title of this piece from NPR's "Morning Edition." Here is how the segment starts: Efforts to repeal the death penalty are getting a boost from the economic crisis. New Mexico repealed its death...
DOJ seeking now to drop all charges against former Senator Ted Stevens
Posted on April 01, 2009The AP has this remarkable news in a high-profile case that I had thought was now primarily a sentencing story: The Justice Department has asked a judge to drop corruption charges against former Sen. Ted Stevens, saying prosecutors withheld evidence....
Ohio's death row getting smaller (though new AG still laments pace of appeals)
Posted on April 01, 2009Ohio law requires the state Attorney General to produce an annual report that details the status of all individuals sentenced to death in the state. As detailed in this official press release, the 2008 report was released today and can...
NFL receiver charged with DUI manslaughter in Florida
Posted on April 01, 2009This AP report has the latest news in yet another case which allows me to follow sentencing news through the sports pages. Here are the basics: Cleveland Browns wide receiver Donte Stallworth was charged Wednesday with killing a pedestrian last...
Split First Circuit ruling on upward departure based on conduct underlying vacated state convictions
Posted on April 01, 2009Regular readers might recall long-ago posts here and here about a brouhaha in Massachusetts concerning the practice of some state judges being willing to vacate prior state conviction in an effort to impact federal sentencing realities. Today, these issues became...
Official AG Holder statement on DOJ's new position in Stevens case
Posted on April 01, 2009Now up here on the official DOJ website is the "Statement of Attorney General Eric Holder Regarding United States V. Theodore F. Stevens." Here is the full text: In connection with the post-trial litigation in United States v. Theodore F....
SCOTUS rules for defendants (and their lawyers) in clemency case
Posted on April 01, 2009As detailed in this SCOTUSblog post, the Supreme Court today, "over two Justices? partial dissents, ruled that a 2005 federal law providing free defense lawyers for individuals facing a possible death sentence allows such a lawyer to seek clemency for...
A message for Prez Obama and his legal team from his favorite Justices
Posted on April 01, 2009The most interesting jurisprudential aspect of today's Supreme Court decision in Harbison (basics here) is probably the splitting (and spitting) among the more conservative justices about how best to interpret 18 U.S.C. § 3599. But while experts in the academy...
"Shrinking State Budgets May Spring Some Inmates"
Posted on March 31, 2009The title of this post is the title of this piece from NPR's "Morning Edition." Here is an excerpt: This month, Kentucky Gov. Steve Beshear signed a law sending hundreds of drug offenders to treatment instead of prison. It's expected...
Eleventh Circuit affirms below-guideline sentence in "utterly gruesome" sex offense case
Posted on March 31, 2009Late yesterday the Eleventh Circuit handed down a notable opinion in US v. Irey, No. No. 08-10997 (11th Cir. Mar 30, 2009) (available here). The start of the panel opinion provides a sketch of the particulars: This appeal is about...
Federal district judge enjoins controversial state sexting prosecution
Posted on March 31, 2009As detailed in this Reuters article, a federal district judge "on Monday barred a Pennsylvania prosecutor from filing child pornography charges against three teenage girls caught with sexually suggestive pictures of themselves on their cell phones." Thanks to How Appealing,...
Interesting pair of thoughtful sentencing rulings from the Seventh Circuit
Posted on March 31, 2009As I continue to catch up on notable circuit rulings from last week when I was on the road, I came across two notable sentencing decisions from the Seventh Circuit. Though covering quite different topics, both of these opinions merit...
Thoughtful academic thoughts on ending marijuana prohibitions
Posted on March 31, 2009Though President Obama last week gave too little respect or serious attention to the idea of legalizing marijuana in his on-line town hall meeting (background here), academics of late have been giving a lot of attention and respect to arguments...
"Mom's plea deal includes 'resurrection clause'"
Posted on March 31, 2009The title of this post is the title of this new piece at CNN.com. Here are the fascinating particulars: A Maryland woman involved with a group described as a religious cult pleaded guilty in the starvation death of her son,...
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On the face of it, you may be wondering what eminent domain,...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
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?
i would suggest you get professional advice
from what you have put here yo...
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I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
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?
i would suggest you get professional advice
from what you have put here yo...
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