Recent Posts in Sentencing Category

Buyer's Remorse??

Calling the sentence “one of the most troubling that I ever faced in my five years on the federal bench,” Paul G. Cassell, now a professor at the University of Utah’s law school, ...
Continue reading "Buyer's Remorse??" »

A GOVERNMENT AGENCY THAT DOESN'T RUN ON FORMS--WHAT GIVES??

Kaylon Pruitt appealed his 46 month sentence for being a felon in possession of a firearm and argued the district court committed procedural error by failing to explain the reasons for the sentence, ...
Continue reading "A GOVERNMENT AGENCY THAT DOESN'T RUN ON FORMS--WHAT GIVES??" »

Who Makes The Next Move At Malheur National Wildlife Refuge?

Remember when the Native Americans occupied Alcatraz for several years in the late 1960s? How about the Ruby Ridge debacle or even the Waco imbroglio? There are a number of chapters in our ...
Continue reading "Who Makes The Next Move At Malheur National Wildlife Refuge?" »

Understanding Federal Drug Laws and Sentencing Guidelines

Drug offenses may be prosecuted in state or federal court, depending on the nature of the alleged offense. Defendants accused of drug crimes are often confused about why they are facing charges in ...
Continue reading "Understanding Federal Drug Laws and Sentencing Guidelines" »

EVEN THE CLERGY GETS A BOP NUMBER!

Alright, our world is going to hell in a handbasket. A beloved Catholic priest in Troy, Michigan was scorned when allegations came forth that he embezzled money from church coffers over the span of 8 ...
Continue reading "EVEN THE CLERGY GETS A BOP NUMBER!" »

It Helps To Have Friends In High Places!

Many of us subscribe to the old adage “it ain’t what you know, it’s who you know.” Additionally, if you’re a federal prisoner serving an eternity in the BOP, it helps to ...
Continue reading "It Helps To Have Friends In High Places!" »

These Sentences Ain't Peanuts!

Stewart Parnell, 61, who once oversaw Peanut Corporation of America, and his brother, Michael, 56, who was a food broker on behalf of the company, were convicted on federal conspiracy charges in ...
Continue reading "These Sentences Ain't Peanuts!" »

Bad Facts Make For Long Sentences!

A Detroit cancer doctor who made nearly $20 million off hundreds of patients suffering from unneeded chemotherapy and other stunningly bad treatments was sentenced to serve 540 months in federal ...
Continue reading "Bad Facts Make For Long Sentences!" »

Residual Clauses Down In Flames!

Towards the end of the 2014 term, the Supreme Court decided Johnson v. United States, No. 13-7120 (S. Ct. June 26, 2015) in which it held that the residual clause of the Armed Career Criminal Act ...
Continue reading "Residual Clauses Down In Flames!" »

JUDGE TAKES A MULLIGAN!

Jerry Baxter, the judge presiding over the sentencing of 10 former Atlanta public school educators convicted of participating in a widespread conspiracy to cheat on state tests, ordered three of the ...
Continue reading "JUDGE TAKES A MULLIGAN!" »

BEAM ME UP SCOTTY!

A three-judge panel in the Ninth Circus vacated a sentence imposed for knowingly aiming the beam of a laser pointer at an aircraft. In calculating the base offense level, the district court enhanced ...
Continue reading "BEAM ME UP SCOTTY!" »

DOJ Opposed to Fraud Sentencing Reform

Earlier this spring, the Sentencing Commission conducted hearings on the propriety of reducing the guidelines for fraud cases and generally reevaluating the impact that “loss” should play ...
Continue reading "DOJ Opposed to Fraud Sentencing Reform" »

Church And State Separation?

I hate the phrase “think outside the box” but am enamored with judges who are open to considering sentencing alternatives. I’m struggling to accept a Mississippi judge’s ...
Continue reading "Church And State Separation?" »

Push To Explore Alternatives to Incarceration

The criminal justice system's overreliance on incarceration is now recognized as having life-long effects on the overall economy, those sentenced to prison, and the prisoner's children as ...
Continue reading "Push To Explore Alternatives to Incarceration" »

Understanding Domestic Violence Sentencing Considerations

Under Ohio law, an individual can be charged with domestic violence for allegedly threatening violence or committing violence against a member of the household, such as a roommate or spouse. While ...
Continue reading "Understanding Domestic Violence Sentencing Considerations" »

THIS STORY IS NO BULL!

Alright, I've read some dark stuff over the years and I often wonder if there's a floor below which humanity will not sink. This story clinches it for me—there is no floor. James Bull of ...
Continue reading "THIS STORY IS NO BULL!" »

Bistline Is Sentenced to Prison!

Richard Bistline has more experience in federal sentencing proceedings than most lawyers. Problem with that is that Bistline is not an attorney; instead, he's 71 years of age and has been ...
Continue reading "Bistline Is Sentenced to Prison!" »

WHATEVER HAPPENED TO DEFERENCE IN THE COURTS OF APPEALS?

Remember when Booker was first announced, the Courts of Appeals were very deferential to district court sentencing decisions and didn't attempt to flyspeck the articulated reasoning to justify the ...
Continue reading "WHATEVER HAPPENED TO DEFERENCE IN THE COURTS OF APPEALS?" »

Wine Fraudster Gets A Decade!

Alright, I'll be the first to admit that I look forward to a drink (or two) to unwind after a stressful day. Moreover, I'd go so far to admit that I'd probably get a little hacked off if ...
Continue reading "Wine Fraudster Gets A Decade!" »

Contact Our Firm Now

Send a message to receive a free case review.

Super Lawyers
Associations
Avvo - Rate your Lawyer. Get Free Legal Advice.