Set For Sentencing

Ambassador John Bolton pled guilty last week to mishandling classified information, and the plea includes a stipulation that if he receives prison, the term is no more than five years.   On paper, this agreement reads like a win. But the plea isn't the paper that matters most, because the same week Bolton signed his plea, Acting U.S. Attorney Todd Blanche quietly issued a policy formalizing someth...

🎙️ NEW EPISODE: The Supreme Court just moved the goalposts on federal sentencing — and the next AG fight starts now. If federal defendants could trust that pleading guilty meant a predictable outcome, then the system would actually function the way it's sold to them. ⚖️ But SCOTUS just complicated that bargain. In Hemani , the Court reined in prosecutions under the felon-drug-gun statute. In Hunte...

With the First Step Act of 2018 came the great hope of expanded grounds and use of "Compassionate Release."    Judges were offered the promise of wider discretion to give deserving clients a second look at sentencing. But, the Supreme Court just made compassionate release a whole lot harder to get, because in two back-to-back decisions — Fernandez and Rutherford — the Court slammed the door on two...

It's hard to understand how someone like James Comey could be indicted for posting a picture of seashells on a beach.   But, just when it seems like we arrived at the full-on DOJ "low-tide", Todd Blanche and J.D. Vance roll out the new "weaponization fund".  Will it ever be safe to go back in the water?    In this episode of set for sentencing, Mark Allenbaugh and I tackle a number of subjects, wi...

The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make.  But too many clients enter into bad pleas - ones that promise little and give up a lot.   A client shouldn't have to settle for a plea that lacks real bite. Therefore, in Part II of our plea agreements bonanza, we go through, point by point, the elements of what makes a g...

Pleading guilty and waiving your right to be presumed innocent until proven guilty beyond a reasonable doubt at trial is the most important choice a client will make in any case.   But the decision to enter into a less than ideal plea agreement with the government is often influenced by fear, intimidation and false information.   So, it's time to give greater consideration to a third option – plea...

The Supreme Court determined that individuals with intellectual disabilities are less culpable and should not face capital punishment.  Diminished Capacity is also applied in non-capital sentencings. In Hamm v. Smith , the Supreme Court is revisiting the 70 IQ cutoff because of new understandings about errors in measurement. But the bigger problem is IQ tests fail to measure key cognitive deficits...

Charles "Sonny" Burton is a 75 year old man on Alabama's death row.  But he NEVER KILLED ANYONE.  He was convicted under the archaic and unjust "felony murder" rule.  His more culpable co-defendant got life.  Six jurors regret their vote and want him to live.  The victim's daughter wants him to live.  There has likely never been a more compelling case for clemency.  It's now in the hands of the go...

Congress intended most first-time non-violent offenders receive a non-custodial sentence.  That's how federal law worked before the guidelines.  But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau of Prisons.  All that may be about to change, with revolutionary new proposals the Commission is con...

It's easy to get overwhelmed by the onslaught of horrible headlines.   But advocates need to fight, and words are our weapons.   But the problem is, lawyers are never taught how to cut through the noise and get to the heart of the argument.   Part 1 defined the problem:   Abuse of Power; Trump exerting total control over the Department of Justice to weaponize the law against his enemies.    Don Le...

Our founders wanted US attorneys to retain significant independence from the Department of Justice.  If that happens, then experienced prosecutors have the credibility, and moral fortitude to serve as a buffer between the unfettered power of the government and the people.    But the Trump administration wants absolute power. That's why we're seeing a slew of illegal US attorney appointments, insta...

There were big changes in federal sentencing in 2025, and more on the horizon for 2026.   So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com.   IN THIS EPISODE: Doug's Tequila of choice:   G4 (Which symbolizes the 4 pt. spread in the IU/OHIO state game)(...

More than ever, we live in a country of selective justice.   Some commit crimes with impunity and others are forced to run the gauntlet.   The events of last week contain many stark examples, from prosecutions to pardons.   So Mark Allenbaugh and I couldn't wait until the new year to talk about it.   So, here's one last episode for 2025!   IN THIS EPISODE Conviction of Judge Hannah Dugan on Obstru...

It's the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support ( www.prisonist.org) .  I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant.    It's particularly fitting for a 2025 finale, as the hour is a recap of the effective sentencing strategies we've been discussing on this...

Justice-involved autistic individuals have valuable insights for understanding criminal legal challenges related to autism. With proper support and guidance, positive outcomes are possible. Dr. Nick Dubin transformed his own experience in the criminal system into a story of advocacy and hope.   IN THIS EPISODE: Autism is a condition of profound isolation; Examples of autistic vulnerabilities; A di...

The appointments clause is enshrined in our Constitution.   Checks and balances and separation of powers are a part of our Country's DNA.   It's a system we have used for 250 years, designed to prevent abuse of power.  If we adhere to that system, then individual liberty is protected. But this administration daily demonstrates the dangerous view that the executive branch is all powerful.  In this...

Joy Betrand is a world-class criminal defense lawyer with valuable insights on lawyer wellness. The stress and trauma of legal work can harm mental and physical health. In this episode, we discuss manifest injustices we've encountered in the criminal system, and share coping strategies for stress.   IN THIS EPISODE: The infamous Phoenix "Backpage Trial"; Authoritarianism dressed up as "law and ord...

Robert Roberson is set to be executed by the state of Texas on October 16, 2025.    But he is innocent.   He has spent 20 years on death row, having been convicted of killing his 2 year old daughter Nikki. Robert's wrongful conviction was based on the now universally debunked theory of "shaken baby syndrome".  But autism plays a significant role in this tragedy as well, because the powers that be...

The murder of Charlie Kirk is tragic and unacceptable, and the perpetrator must face justice. If we can all agree on that, we can begin to heal. But, it's not "terrorism" under any definition, because at this point there has been zero indication that the alleged perpetrator acted with the intent to intimidate or coerce a civilian population or to influence or retaliate against government policy. B...

To quote the great Rocky Balboa, "it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward."  That sums up the incredible journey of attorney Jeff Grant, founder of White Collar Support and organizer of the upcoming White Collar Conference online seminar.   IN THIS EPISODE:    Jeff's redemption story of overcoming addiction and prison to regain and reimagine his...

In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp.  Then, we resume with  Mark Allenbaugh of sentencingstats.com for one of our famous "sentencing post-mortems" to see what we can learn from Maxwell's sentencing proceeding.    IN THIS EPISODE: Maxwell's unprecedente...

The saga of Jeffrey Epstein is ongoing and ever-present in the news.  And there are powerful lessons to be learned.   But the talking heads are mostly just spinning their wheels.  So, if you're seeking some straight talk and inside scoop about all of it, you've come to the right place.    This is a 2-part episode, as there is much ground to cover.  The title, of course, is an homage to the great B...

An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack.   Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. And, when it comes to federal criminal sentencing, judicial independence is also crucial to the fair administration of justice.    But judicial independence has been u...

The Trump administration stated that Kilmar Abrego-Garcia would never return to US soil. But they just back-tracked and brought him back.   Unfortunately he now faces federal prosecution under a new indictment for conspiracy and alien smuggling.  The bigger problem is t he govt. has gone to great lengths to wage an extra-judicial smear campaign against him, with a variety of other horrendous alleg...

In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy .   The underlying animating force of these policies, openly stated by Tom Homan during a white house press conference, is "the great replacement theory".   P ropagated by white nationalist, white supremacist fascists, operating in and out of government, it's a l...