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A helpful colleague alerted me to a notable recent sentence reduction ruling/opinion handed down last week in US v. Evans, No. 93-00123-CR (SD Fla. Dec. 10, 2024) (available download below). The case inolves a defendant who was initially sentenced three... Douglas A. Berman Drug Offense Sentencing FIRST STEP Act and its implementation Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered

In prior posts (some linked below), and also in this recent post over at the Sentencing Matters Substack, I have mused in various ways about what the Supreme Court's originalist turn could and should mean for various sentencing doctrines and... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

The title of this post is the title of this new paper now on SSRN authored by Brian Grenadier and Steven R. Grenadier. Here is its abstract: Deferred prosecution agreements (DPAs) are now a standard tool used by prosecutors to... Douglas A. Berman Criminal Sentences Alternatives Procedure and Proof at Sentencing Who Sentences

I had clemency on the mind this morning even before seeing the news of Prez Joe Biden's notable new clemency work because I was due to drive up to Cleveland for an exciting state pardon event. This news release, titled... Douglas A. Berman Clemency and Pardons Reentry and community supervision Who Sentences

Two days ago, I moderated this event, titled "President Biden’s Pardon Legacy and the Future of the Federal Clemency Power," in which a number of panelists assailed Prez Biden's clemency record. This morning, the White House released this statement from... Douglas A. Berman Clemency and Pardons Scope of Imprisonment Sentences Reconsidered Who Sentences

There has been a lot of notable discussions of (the potential demise of) the "progressive prosecutor movement" in the weeks since Election Day. In the last couple days I have seen these two notable lengthy pieces on topic providing quite... Douglas A. Berman National and State Crime Data Who Sentences

The Bureau of Justice Statistics, today released this 25-page report titled "Federal Prisoner Statistics Collected Under the First Step Act, 2024," which is described as "the sixth in a series as required under the First Step Act of 2018." Here... Douglas A. Berman Data on sentencing FIRST STEP Act and its implementation Offender Characteristics Prisons and prisoners Scope of Imprisonment

This short New York Times review flags a new documentary premeiring on Max tonight that seem worth checking out. Here is the start of the NYT review: Peering into the heart of the beast we call the justice system, the... Douglas A. Berman Offender Characteristics Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Sentences Reconsidered Who Sentences

The title of this post is the title of this review essay recently appearing on SSSRN authored by Matthew B. Lawrence. Here is its abstract: This Review Essay describes and applauds David Pozen’s book, The Constitution of the War on... Douglas A. Berman Drug Offense Sentencing Who Sentences

The Supreme Court heard oral argument yesterday in Kousisis v. US, which presented this question to the Justices as articulated in the petitioner's brief: "Whether a scheme to induce a transaction in property through deception, but which contemplates no harm... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing White-collar sentencing

The title of this post is the title of this new paper now available via SSRN authored by Sally Evans and Peter Siminski. Here is its abstract: Climate change has stimulated growing interest in the influence of temperature on cognition,... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

This recent AP story, headlined "Florida prosecutor seeks to clear records of people charged with buying police-made crack in 1980s," highlights how remedies for unconstitutional convictions can often be a very long time in coming (if they come at all).... Douglas A. Berman Drug Offense Sentencing Sentences Reconsidered Who Sentences

Prez-Elect Donald Trump conducted a new interview during which, according to this NBC News piece, he discussed his pardon plans for January 6 defendants. Here is the start of the article: President-elect Donald Trump said he is looking to issue... Douglas A. Berman Clemency and Pardons Sentences Reconsidered Who Sentences

Law360 has this lengthy new piece, headlined "Veterans Courts Help Some, But Leave Many Others Behind," which provides an effective overview of veteran treatment courts and their limits. I recommend the piece in full, and here are excerpts: Veterans treatment... Douglas A. Berman Criminal Sentences Alternatives Offender Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing

The Supreme Court on Friday arfternoon granted cert via this order list in two new matters. One case, Rivers v. Lumpkin, involves an issue of modern federal habeas procedure. Here is how this cert petition, filed on behalf of a... Douglas A. Berman Procedure and Proof at Sentencing Sentences Reconsidered Who Sentences

Politico has this new article providing another account of how Prez-Elect Donald Trump's Jan 6 pardon pledges are echoing through Jan 6 criminal cases. The full title of the piece captures its themes: "Judges push back as Trump’s return sparks... Douglas A. Berman Clemency and Pardons Offense Characteristics Sentences Reconsidered Who Sentences

The title of this post is the title of this new paper authored by Joel Johnson now available via SSRN. Here is its abstract: There is a fundamental connection between the historic rule of lenity and the new major questions... Douglas A. Berman Offense Characteristics Procedure and Proof at Sentencing Purposes of Punishment and Sentencing Who Sentences