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Last week I came across a short federal district court opinion in US v. Valdivias, No. 20-20054-02-DDC (D. Kan. Aug. 26, 2024) (available here), rejecting some notable originalist jury claims by a drug defendant. I recommend the entire opinion, and... Douglas A. Berman Drug Offense Sentencing Procedure and Proof at Sentencing Who Sentences

A helpful reader made sure I did not miss a lengthy new ruling from the Eleventh Circuit late last week in US v. Schwarzbaum, No. 22-14058 (11th Cir. Aug. 30, 2024) (available here). Here are excerpts from the start of... Douglas A. Berman Fines, Restitution and Other Economic Sanctions Procedure and Proof at Sentencing Sentences Reconsidered

When he was president, Donald Trump played a critical role in advancing, and then signed into law, the most significant federal criminal justice reform in a generation, the First Step Act. Trump has also often talked up expanding the federal... Douglas A. Berman Campaign 2024 and sentencing issues Marijuana Legalization in the States Pot Prohibition Issues Who Sentences

The title of this post is the title of this new article authored by Richard Lorren Jolly available via SSRN. Here is its abstract: The United States is a democracy divided. Perhaps not since the Civil War have Americans been... Douglas A. Berman Procedure and Proof at Sentencing Who Sentences

In recent posts, I have already covered notable capital punishment adminstration stories from Florida and Missouri and South Carolina. And as news and commentary on death penalty issues keeps emerging from states and nationally, an abridged round-up of notable recent... Douglas A. Berman Death Penalty Reforms Who Sentences