Federal sentencing

AuthorAlan Ellis/Maureen Baird
Pages165-466
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 SENTENCINGTAKING 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, NI 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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