FCPA Compliance Report - Eric Morehead - The US Sentencing Guidelines at 30
FCPA Compliance Report-Episode 346, Mike Skopets on Miller’s Summer 2017 FCPA Report
FCPA Compliance Report-Episode 334, Lauren Briggerman
What issues do people raise in a federal criminal appeal?
How Does Cooperating In A Federal Criminal Case Work?
How do the federal sentencing guidelines work in federal fraud cases?
How do the federal sentencing guidelines work?
What's the process for imposing sentence in federal court?
How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case?
The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For...more
In federal court, “not guilty” doesn’t always mean no punishment. Under a quirk of federal sentencing law, judges are permitted to consider at sentencing anything that they consider relevant, including conduct for which a...more
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
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
United States v. Yusuf (April 2, 2021), No. 19-3472 Unanimous decision: Jordan (writing), McKee, and Smith Concurrence: McKee Defendants pleaded guilty to their respective crimes and stipulated that they would not argue, at...more
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
On November 20, 2018, former speech therapist Gena Randolph was sentenced to 111 months in federal prison and ordered to pay $580,937.44 on convictions of criminal healthcare fraud. This sentence is noteworthy in that it fell...more
In United States v. Paul, the Second Circuit (Newman and Pooler Circuit Judges, and Cote, J., by designation) issued an opinion interpreting the meaning of the phrase “physically restrained” during a commission of a crime for...more
The Second Circuit issued an amended opinion in United States v. Smith (Cabranes, Winter, Restani by designation). Both the original decision, which we covered on the blog earlier this year and the amended decision held that...more
Is a term of imprisonment “anticipated” if charges are pending but the defendant has not yet pled or been found guilty? In a per curiam decision, United States v. Olmeda, No. 15-3449 (Katzmann, Leval, and District Judge...more
In United States v. Brooks, the Court (Leval, Pooler, Hall) reiterated that district courts are required to calculate the applicable Sentencing Guidelines range when faced with a § 3582(c)(2) motion for a sentence reduction,...more
In United States v. Smith, No. 15-3313-cr, the Second Circuit (Winter, Cabranes, Restani, sitting by designation) held that New York second-degree robbery is a “crime of violence” under § 4B1.2(a) of the 2014 United States...more
On October 5, 2017 the Circuit published an amended opinion in United States v. Jones, No. 15-1518 (Walker, Calabresi, Hall), which supplanted a decision issued on September 11 that we covered in an earlier blog post. The...more
In United States v. Shaday, 16-529, the Second Circuit (Jacobs, Livingston, and Kaplan (sitting by designation)) vacated and remanded the supervised release portion of defendant Yova Kana Shaday’s sentence after finding that...more
On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s...more
In a sentencing memorandum filed January 2, the United States Attorney’s Office in Washington asked the US District Court for the Western District of Washington to sentence Dickson Lee, the former chief executive of L&L...more