Set For Sentencing

America might have moved on from Kilmar Abrego-Garcia, but we have not. So, ask yourself:  What happens when the U.S. government indefinitely sentences someone to a foreign prison without any due process and no one stops them? In this episode (part 1 of 2), I appear on Justin Yentes's podcast "Truth Be Found" to discuss the implications of this case.  Justin is an amazing criminal investigator, wh...

On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the problems that got him here and convince a judge he wouldn't make the same mistakes again. But the government painted him as an unrepentant fraudster who was bound t...

Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts.  At least for now.  So today, we celebrate the death of guideline departures, lament the death of due process in immigration, and worry for the future of this democracy. That's why we start off talking about t...

I'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell.  In his seminal work, "On Tyranny", Timothy Snyder warns:  " Listen for dangerous words.  Be alert to the use of the words extremism and terrorism. Be alive to the fatal notions of emergency and exception. Be angry about the treacherous use...

I call this episode "Anchor's Aweigh" for two reasons.  First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded "anchoring effect" of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will likely be the biggest change in guideline sentencing since Booker was decided twenty years ago. The other r...

Restitution is often imposed to compensate crime victims for their losses. Done correctly, it can help victims recover and allow offenders to move on after serving their sentence. However, defense attorneys sometimes overlook restitution issues, resulting in burdensome payment orders. These can extend prison time and hinder reintegration after release, making restitution effectively a lifelong pun...

It's January 2025, and we're in the final days of the Biden administration.   He has had a busy last month or so issuing pardons and commutations.    This unfettered power is rightly scrutinized but often misunderstood.   The bigger problem is, the whole damn process appears to be broken.   And although Pres. Biden has done some good things with his power, it still represents a small fraction of t...

On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts to nothing more than "Kabuki Theatre," meaning the tortured guideline applications become merely performative, because 18 U.S.C. § 3553, enables discerning jud...

We've spent a lot of time running down the BOP, and not without good cause, BUT we don't give as much attention as we should to the positive things happening inside those walls.   Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with special needs.   Therefore, helping us get set for sentencing is Dr. Alix McLearen, former acting director...

We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients.   And keeping abreast of all major developments in the law is paramount to a successful legal practice. But there's one thing every lawyer needs, and it does not exist – a crystal ball.   If we were clairvoyant we could anticipate favorable changes in the law that we could use to our advant...

Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client's life and choices. But how do we tell those stories at sentencing? Thankfully, there's an amazing expert that can do it with compassion, grace and an unparralled sk...

I can't think of a better topic for our 100 th episode of Set For Sentencing – the topic that is so near and dear to my heart – MITIGATION FILMMAKING! Mitigation films are arguably the most powerful and persuasive weapon in our advocacy arsenal.   They offer an unparalleled way to humanize a client and show the truth of their journey, rather than simply telling it.   However, there's currently a s...

It's not even October yet, but this episode feels tailor made for Halloween.  It's no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing.  And the stories of deprivation and death inside the walls of the BOP abound.   But lawyers are not telling these stories enough at sentencing, and as a result, Judges often have no idea of the real scope of punishment they are inflicting. ...

Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person's record felony-free.  And, the Biden DOJ has encouraged it's regional US Attorney offices to devise their own policies for DPAs and to be more liberal with their application. But, local federal prosecutors seem to be ignoring their boss's mandate.  They're reluctant to make new policies, let alone to actually of...

It's a gloomy night in Oklahoma City.   I'm holed up in a hotel working on a capital case.   But I'm in a dark place.   Last week I saw a terrible injustice occur in a matter in which I was involved as a consultant.   The lawyers did a fantastic job of making their case for a non-custodial sentence, but all of their arguments and impassioned pleas fell on deaf ears.    We spend a lot of time on th...

Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation! In this episode, Patr...

Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer dig for, develop, and deliver a powerful and persuasive sentencing presentation! In this episode, Patr...

A good investigator can be essential to winning cases at trial or sentencing. They bring a fresh perspective and outside-the-box techniques that help lawyers better communicate the truth of their sentencing story.  This week, we're thrilled to have Justin Yentes, one of the best investigators in the business, on our podcast! Justin's wealth of experience in the criminal and civil world, including...

The FSA is meant to give non-violent offenders a chance to significantly reduce their term of incarceration through programming and good conduct.  But, the BOP is proving to be unwilling or unable to properly implement the law.   Helping us get set for sentencing this week is Walt Pavlo, founder of prisonology.com and frequent contributor to BOP issues for Forbes online. Walt and I discuss all the...

We went live the day after Hunter Biden was convicted in Federal Court on three firearms charges. Not only do we take a deep dive into Hunter Biden's sentencing issues, we also peel back the layers of this new-ish word permeating the lexicon of the right/Trump supporters -- LAWFARE. Lawfare refers to the supposed "weaponization" of the criminal justice system.  The term has been deployed on right...

Marilyn Mosby, Baltimore's former top prosecutor, made headlines for her bold actions during her tenure. She fearlessly took on the Baltimore police, charging those involved in Freddie Gray's death, and advocated controversial positions, including refusing to prosecute low-level drug offenders. However, her own legal journey took an unexpected turn. Accused of federal fraud violations, she faced t...

It shocked the nation when David DePape, driven by insane QAnon conspiracy theories, violently attacked Paul Pelosi, husband of former Speaker Nancy Pelosi.    A federal judge recently sentenced DePape to 30 years in prison.   With that de facto life sentence looming, we uncover a legal twist: the judge's oversight during sentencing denied him the chance to speak in his own defense.  Now, a follow...

The pre-sentence report is arguably the most crucial sentencing document. Not only does it serve as a vital tool for judges during sentencing, but it also acts as the "bible" that the Bureau of Prisons (BOP) relies on to make critical decisions about our clients. Unfortunately, many lawyers struggle to properly prepare their clients or ensure the report's accuracy before it reaches the BOP. In thi...

Artificial intelligence is here and it's getting more sophisticated and more ubiquitous every day.    Indeed, the legal community seems to be largely embracing A/I with open arms.   But the jury is still out whether this somewhat terrifying new technology is going to be our savior or our destroyer.   Therefore, helping us get set for sentencing this week are two great gentlemen:  a lawyer (Patrick...

Today history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us get set for sentencing is a superb New York criminal defense attorney, Richard Willstatter, to break it all down.   IN THIS EPISODE:   Possible sentencing range...