Federal sentencing
Author | Alan Ellis/Maureen Baird |
Pages | 165-466 |
FEDERAL SENTENCING
9-1
CHAPTER 9
FEDERAL
SENTENCING
§9:10 INTRODUCTION
§9:11 AN OVERVIEW OF THE GUIDELINES
§9:11.1 How the Offense of Conviction Affects the Guideline Range
§9:11.2 “Relevant Conduct”
§9:11.3 The Guidelines “Sentencing Range”
§9:12 CHOOSING THE CORRECT GUIDELINE MANUAL
§9:13APPLYING THE GUIDELINES
§9:13.1 Step One: Select the Offense Guideline
§9:13.2 Step Two: Determine the Base Offense Level
§9:13.3 Step Three: Specific Offense Characteristics
§9:13.4 Step Four: Cross References and Special Instructions
§9:13.5 Step Five: Adjustments Related to the Nature of the Victim, the
Defendant’s Role in the Offense, and Obstruction of Justice
§9:13.6 Step Six: Grouping
§9:13.7 Step Seven: Acceptance of Responsibility
§9:13.8 Step Eight: Criminal History Category
§9:13.9 Step Nine: The Guideline Range
§9:13.10 Special Situations—Career Offenders, ACCA, Repeat and
Dangerous Sex Offenders, Three Strikes, and Mandatory Minimums
§9:13.11 Other §3553(a) Factors
§9:13.12 Departures and Variances
§9:14 “SUBSTANTIAL ASSISTANCE” MOTIONS, COOPERATION
AGREEMENTS, AND THE “SAFETY VALVE”
§9:14.1 “Substantial Assistance” Motions
§9:14.2 Cooperation Agreements
§9:14.3 The “Safety Valve”
FEDERAL SENTENCING
9-2
Federal Prison Guidebook
§9:15PROBATION, SPLIT SENTENCES,
AND COMMUNITY OR HOME CONFINEMENT
§9:16 WHEN THE DEFENDANT IS ALREADY SERVING A SENTENCE
§9:17 SUPERVISED RELEASE
§9:18 FINES, RESTITUTION, FORFEITURES, SPECIAL ASSESSMENTS,
AND COSTS OF INCARCERATION
§9:19 APPEALS FROM SENTENCING DECISIONS
§9:20 AFTER SENTENCINGTAKING ADVANTAGE
OF FAVORABLE GUIDELINE AMENDMENTS
§9:30 ARTICLES
§9:30.1 At a Loss for Justice: Federal Sentencing for Economic Crimes
§9:30.2 Litigating in a Post-Booker World
§9:30.3 Federal Presentence Investigation Report
§9:30.4 Trends for Representing Child Pornography Offenders at Sentencing
§9:30.5 Child Pornography Guidelines Are Ripe for Challenge
§9:30.6 Tips on Sentencing the Sex Offender
§9:30.7 Inside Baseball: Interview With Former Federal Probation Officer
§9:30.8 Sentencing May Change with Two Kennedy Clerks on High Court
§9:30.9 Gambling Addiction: Making the Case for Sentencing Relief
§9:30.10 Plea Bargained vs. Open Pleas: What the Data Reveal
§9:30.11 Does an Acquittal Now Matter at Sentencing? Reining in
Relevant Conduct Through a Recent Restitution Ruling
§9:30.12 Use of Video
§9:30.13 Using Moving Pictures to Build the Bridge of Empathy at Sentencing
§9:30.14 Manafort’s Sentencings—A Clarion Call to Re-Calibrate U.S.
Sentencing Guidelines
§9:30.15 The First Step Act of 2018—A Significant First Step in Sentencing Reform
§9:30.16 The 3Rs of Sentencing
§9:30.17 Sentencing in Chaos: How Statistics Can Harmonize the “Discordant
Symphony”
§9:30.18 “Drawn from Nowhere”: A Review of the U.S. Sentencing Commission’s
White-Collar Sentencing Guidelines and Loss Data
§9:30.19 Winning at Sentencing With Theories, Themes, and the Creative
Demonstration of Truth
§9:30.20 Stop Wagging the Dog: A Plea for the New Commission to Incorporate
Due Process and Higher Standards of Proof into the Sentencing Hearing
§9:30.21 Who’s Afraid of the Federal Judiciary
§9:30.22 What’s Your Water Worth?
§9:30.23 Tilting at Windmills: The Misplaced War on Child Pornography Offenders
§9:40 CHARACTER LETTER INSTRUCTIONS
§9:41 THE IMPORTANCE OF SENTENCING STATISTICS
§9:41.1 Effectively Using Statistics in Federal Sentencing
§9:42 SENTENCING TABLE
§9:50 ADVICE FROM THE BENCH
§9:50.1 What Judges Want to Know
FEDERAL SENTENCING
9-3
Federal Sentencing
§9:50.2 White-Collar Clients
§9:50.3 Views from the Bench - Own the Mistake and Demonstrate Sincere
Remorse
§9:50.4 Representing the “Challenging” Client at Sentencing
§9:50.5 What Federal Judges Want to Know at Sentencing
§9:50.6 Recommendations Judge-by Judge
§9:50.6.1 Judges Jed Rakoff and Mark Bennett
§9:50.6.2 Judges Patrick J. Schiltz and Robert N. Scola, Jr.
§9:50.6.3 Judges John R. Adams, James S. Gwin, Richard G.
Kopf, Justin Quackenbush, Paul L. Friedman, Walter
Rice, Amy L. St. Eve, NI V.Wake, Jed Rakoff, Mark
Bennett, Patrick Schiltz, Robert N. Scola, Jr.
§9:50.6.4 Judges Cynthia A. Bashant and Jon D. Levy
§9:50.6.5 Judges John R. Adams, Otis D. Wright II, Justin L.
Quackenbush, and Walter H. Rice
§9:50.6.6 Judges James S. Gwin, Amy J. St. Eve,
and Paul L. Friedman
§9:50.6.7 Judges James C. Mahan, Mark L. Wolf,
Jerome B. Simandle
§9:50.6.8 Judges Robert L. Hinkle, Jed Rakoff,
Marcia S. Krieger, and Neil V. Wake
§9:50 .6.9 Judges Lawrence J. O’Neill and Morrison C. England, Jr.
§9:50.6.10 Judges Frederic Block and Charles R. Breyer
§9:50.6.11 Judges Rober t N. Scola, Jr., Amit P. Mehta,
James K. Bredar, and Paula Xinis
§9:50.6.12 Judges Ralph Erickson, Mark R. Hornak,
and Brian Anthony Jackson
9:50.6.13 Judge Nancy Gertner
§9:60 PRISON AND SENTENCING PRACTICE TIPS
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