Should Judge Neil Gorsuch be confirmed to the U.S. Supreme Court, there may well be a paradigm shift in sentencing law, policy and practice, particularly in the area of acquitted, uncharged and unproven conduct at sentencing. His analysis of plain error review in Sabillon-Umana influenced Justice Anthony Kennedy’s opinion in Molina-Martinez last April, say criminal defense attorneys Alan Ellis and ...

Lawsuits Dropped Setting The Record Straight

Tag Archives: Sentencing

Congress Must Abolish Acquitted Conduct Sentencing

End Of Acquitted Conduct Sentencing Can Spark More Reform

Sentencing Commission Limits Acquitted Conduct Sentencing

Supreme Court Must End Acquitted Conduct Sentencing

Sentencing Guidelines Proposal May Encourage More Trials

Walls Start To Close In On Acquitted Conduct Sentencing

Sens. Revive Push To Ban Sentencing For Acquitted Conduct

High Court Should Restore Sentencing Due Process

Acquitted Conduct Should Not Be Considered At Sentencing

Gorsuch May Bring Needed Changes To Federal Sentencing

Feds Ask To Speak With Juror In Failed $34M Kickback Trial

The Unintended Negative Consequences to The Process and the People

The Problem of “Prominent Placement”