News & Analysis as of

Federal Sentencing Guidelines Sentencing Criminal Convictions

Zuckerman Spaeder LLP

UPDATE: The Imperative for Outlawing “Acquitted Conduct Sentencing”

Zuckerman Spaeder LLP on

For too long, judges have been permitted at sentencing to consider anything they deem “relevant,” including allegations that were considered and rejected by a jury. So-called “acquitted conduct sentencing” clearly offends...more

Dorsey & Whitney LLP

The Supreme Court Update - June 16, 2023

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052: This case concerned the scope of the government’s authority to dismiss a...more

Zuckerman Spaeder LLP

Sentences Based on Acquitted Conduct Will the Court Try Again?

Zuckerman Spaeder LLP on

On Thursday, May 11, 2023 the Supreme Court will consider several petitions, presenting questions about whether and how federal judges can consider criminal conduct of which the defendant was acquitted in imposing sentence on...more

Katten Muchin Rosenman LLP

Sentencing Guidelines Amendment Would Preclude Acquitted Conduct from Being Used at Sentencing

In what may come as a surprise to many, lawmakers across the political spectrum actually agree on at least one thing: the practice of sentencing federal defendants based on acquitted conduct has gone on long enough. Last...more

BakerHostetler

Is This the Beginning of a Sentencing Revolution?

BakerHostetler on

Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary...more

Tucker Arensberg, P.C.

Groundbreaking Federal Sentencing Ruling

Tucker Arensberg, P.C. on

​​​​​​​On September 28, 2022, in United States v. Baskerville, the United States District Court for the Middle District of Pennsylvania held that Pennsylvania’s definition of cocaine is broader than the federal counterpart. ...more

Cozen O'Connor

Notice of Appeal - Winter 2021

Cozen O'Connor on

Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more

Womble Bond Dickinson

Year One of Trump’s DOJ: An Overview of the Four Major Categories of Offenders

Womble Bond Dickinson on

This article is the second in a series analyzing the Sourcebook of Federal Sentencing Statistics for Fiscal Year 2018, recently released by the United States Sentencing Commission. As discussed in our first article, the...more

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