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Recent Posts
- Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
- Why Do Prosecutors Consistently Get the Benefit of the Doubt on Intent for Brady Violations?
- Did the Fourth Circuit Just Outlaw Taint Teams? Nope, But It Threw Up Some Roadblocks
- Another Insider Trading Court Decision: Making Life Easier for the Government
- Year End Review: Big Firm News and the 5 Most Popular Posts in 2019 (Yours and Ours)
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Category Archives: Sentencing
Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
By Sara Kropf The Department of Justice’s “supplemental and amended” sentencing memorandum in the Roger Stone criminal case is nothing short of extraordinary. You can find a copy of the updated Stone memo here. Lots of commentators have hit the … Continue reading
Posted in DOJ policy and practice, DOJ Statements, Public Corruption, Sentencing
Tagged Russia investigation
2 Comments
Michael Cohen’s Sentencing Reduction Request Reveals the Minuscule Bargaining Power of a Cooperating Defendant
By Sara Kropf Back in September 2018, I wrote about how Michael Cohen was pleading guilty without the benefit of a cooperation agreement. I said that it was possible that the government would later file a Rule 35 motion, seeking … Continue reading
Sweet Release: Alternatives to Incarceration
By Dan Portnov Last week convicted and newly accused sex offender Jeffrey Epstein was found injured in his cell in the Metropolitan Correctional Center (MCC), while awaiting his trial. This came shortly after his attorneys lost their bid to have … Continue reading
Posted in Bail, Pre-Trial Motions Practice, Sentencing
1 Comment
Concurrent, Consecutive and “Stacked” Sentences: Why One Word Makes a Big Difference at Sentencing
A judge says a lot of things during a sentencing. Two of them are really, really important. First is the number of months in prison. “One hundred twenty” is a lot different from “a year and a day.” Second is … Continue reading
Posted in Sentencing
1 Comment
In Your Client’s Words – Speaking at Sentencing
“Each of us is more than the worst thing we’ve ever done.” – Bryan Stevenson The fundamental truth of Mr. Stevenson’s quote is tested every time a defendant is sentenced after conviction. Too often, prosecutors act at sentencing as though … Continue reading
Posted in Sentencing
1 Comment
New Sentencing Guidelines Amendments Have Two Good Provisions for White Collar Criminal Defendants (and Lawyers)
On November 1, 2018, several new amendments to the Sentencing Guidelines went into effect. Two of them are quite positive developments for defendants—and their lawyers—in white-collar criminal cases. As a procedural matter, the new amendments were proposed by the U.S. … Continue reading
Posted in Sentencing
1 Comment
Can Michael Cohen Reject a Presidential Pardon? Yes. But Would He?
On August 21, 2018, former Donald Trump attorney Michael Cohen pleaded guilty to multiple criminal counts, including campaign finance fraud. During his plea hearing, Cohen implicated the President in the crime, saying that Cohen had paid Stormy Daniels (a) at … Continue reading
Why Isn’t Michael Cohen Getting a Cooperation Agreement? (Part Two)
Last week, I wrote about the somewhat surprising fact that Michael Cohen pleaded guilty, allocated at the plea hearing that President Trump directed him to make an illegal campaign donation, and yet didn’t have a written cooperation agreement. In fact, … Continue reading
Why Isn’t Michael Cohen Getting a Cooperation Agreement? (Spoiler: He Probably Is) (Part One)
Much was made this week of the fact that Donald Trump’s lawyer Michael Cohen pleaded guilty without a written cooperation agreement. He pleaded guilty to multiple federal offenses, including tax fraud, campaign finance violations and bank fraud. The guidelines range … Continue reading
Lawyers as Filmmakers: The Sentencing Mitigation Film
By Dan Portnov Every CLE panel on sentencing includes a judge. And often the judge emphasizes the importance of presenting your client as a person and not just a defendant. That can be a challenge at a sentencing hearing unless … Continue reading
Posted in Sentencing
2 Comments
