Federal Sentencing

AuthorMatthew G. Kaiser
§4:00 Federal
I. Why Do We Send People to Prison?
§4:01 The Fourth Circuit Reverses a Life Sentence Based
on a Death From a Bank Robbery Gone Bad
§4:02 The Fair Sentencing Act: The Battle Between
Following the Rules and Fairness Plays Out in the
Third Circuit
§4:03 Two Ways to Think About Punishment
§4:04 Judge Posner Teaches District Court Judges How
to Avoid the Supreme Court’s Holding in Tapia
§4:05 Change the Seventh Circuit, If Not the
Department of Justice, Can Believe in
§4:06 The Eighth Circuit Reverses a Sentence, and
Shows Why Relying on Criminal Conduct at
Sentencing Without a Conviction Is Troublesome
§4:07 If You’re Going to Throw the Book at Someone,
Throw It as Hard as It Was Thrown at the Last Guy
II. The Federal Sentencing Guidelines
§4:10 Retroactivity in the Federal Sentencing
Guidelines and the Parol Evidence Rule
§4:11 The Sixth Circuit Sends an Escape Case Back for
§4:12 The Eighth Circuit Holds That a Check Is Not a
Machine or a Device
Criminal Defense Victories in the Federal Circuits
§4:13 The Ninth Circuit on When the Guidelines Fail Us
§4:14 Important White-Collar Crime Decision by the
Federal District Court in D.C.
III. The Measure of Things
§4:15 Immigration Fraud and the Sentencing
Guidelines Numbers Game
§4:16 Arrests Are Not Convictions: A Sentencing
Judge Is Reversed for an Excess of Candor
§4:17 Judge Posner on Narcotics Wholesalers and
Drug Quantity
§4:18 The Tenth Circuit on Credit Cards, Loss, and the
Sentencing Guidelines
IV. Things to Think About When Imposing Sentence
§4:20 The Seventh Circuit Puts Fast Track Disparity
Arguments on a Slow Track, But Doesn’t Derail
Them Entirely
§4:21 The D.C. Circuit Remands for Resentencing
Because [Redacted]
V. “Crimes of Violence”: How Legalism Defeats Justice
§4:22 The Fourth Circuit Sends a Case Back; or, Why
You Can’t Trust a Probable Cause Affidavit
§4:23 An
En Banc
Fourth Circuit Remands on an
Armed Career Criminal Act Case
§4:24 The Sixth Circuit on Alford Pleas and the Armed
Career Criminal Act
§4:25 Running From a Courtroom and the Armed
Career Criminal Act
§4:26 How the Eighth Circuit Saved Christmas
§4:27 The Ninth Circuit Makes It Easier for Crimes to Be
Violent (Nominally, at Least)
§4:28 The Tenth Circuit Gives Some Criminal History
Relief in a Gun Case
Federal Sentencing
VI. Drug Crimes
§4:30 Proving the Measure of Things at Sentencing—
the Fourth Circuit Remands for More
§4:31 Prior Criminal Offenses and Hypothetical Bad
Men: The Fourth Circuit Comes Back to Real
§4:32 Safety Valve, Government Power, and
Marijuana in the Woods of Arkansas
§4:33 A Man’s Cleverness Reduces His Sentence by 14
Years: The Ninth Circuit, Apprendi, and Pleading
§4:34 The Ninth Circuit on Mandatory Minimums,
Safety Valve, and Time Travel
VII. Other Crimes
§4:35 The Third Circuit Shows How the Sentencing
Guidelines for Fraud Are Complicated; Victims
and Losses Bamboozle the Government and
District Court
§4:36 When Counting Bribes for Sentencing Guidelines
Purposes, You Only Count the Ones That
Actually Happened
§4:37 The Second Circuit on Fraud, the Federal
Sentencing Guidelines, and Mass-Marketing
§4:38 The Third Circuit Says It Is Hard to Abuse the Trust
of Someone Who Doesn’t Trust You, Especially If
That Someone Is the IRS
§4:39 Why It Is Probably Better to Pick Up the Phone of
Someone You’ve Shot Than to Take Their Phone
at Gunpoint and Then Shoot Them
§4:40 A District Judge Can’t Sanction a Lawyer for
Filing A Motion Even If He Really Hates the
Lawyer’s Client; Also, a 60-Year Sentence
Requires a Lot of Explanation

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