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2 Mar

USSC Study: The Effects of Aging on Recidivism Among Federal Offenders

By |March 2nd, 2018|Criminal Law|

“Recidivism” is a term used to describe a person’s relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime.  Recidivism is usually measured by criminal acts that resulted in rearrest, reconviction, and/or reincarceration of the offender over a specified period of time.

According to the National Institute of Justice, […]

5 Feb

Adams Stepner Partner Lee Metzger Accepted onto Sixth Circuit CJA Panel

By |February 5th, 2018|Criminal Law|

Adams, Stepner, Woltermann & Dusing, PLLC is pleased to announce that criminal defense lawyer Lee Metzger, a Partner in the firm’s litigation practice group, has been accepted onto the Criminal Justice Act Panel (“CJA Panel”) for the United States Court of Appeals for the Sixth Circuit.  The CJA Panel is a select group, comprised exclusively […]

14 Dec

Racial Disparities in Sentencing: Black Males Punished Most Severely

By |December 14th, 2017|Criminal Law|

The United States Sentencing Commission has released its study on demographic differences in federal sentencing, and the results are sobering.  The Commission, which studied all federal sentences imposed from October 2011 through September 2016, found that sentence length continues to be associated with certain demographic factors – particularly race and gender.  On the whole, Black […]

16 Nov

Sentencing Commission Releases Study on Alternatives to Incarceration

By |November 16th, 2017|Criminal Law|

The United States Sentencing Commission recently released its study on federal alternative-to-incarceration court programs.  Alternative-to-Incarceration court programs (“ATIs”) refer to drug courts, therapeutic courts, and other problem solving courts (e.g., veteran’s courts or youthful offender courts).  ATI programs typically involve a collegial, rather than adversarial, judicial process, and are designed to provide an alternative to […]

5 Oct

Lee Metzger Obtains Dismissal of Federal Carfentanil Conspiracy Charge

By |October 5th, 2017|Criminal Law|

ASWD Partner Lee Metzger has secured a huge victory in federal criminal case no. 2:17-CR-10, as the Indictment against his client has been dismissed.  The client had been charged in the Eastern District of Kentucky with conspiracy to distribute carfentanil and a related overdose death.  If convicted, the potentially-applicable mandatory minimum penalty was life imprisonment. […]

24 Aug

U.S. Sentencing Commission Releases Study on Mandatory Minimum Penalties

By |August 24th, 2017|Criminal Law|

The United States Sentencing Commission (“Commission”) has released its latest study on mandatory minimum penalties in the federal criminal justice system.   Its full report can be found here: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf. The Commission has promised to provide future publications focusing on mandatory minimum penalties for specific offense types.

Mandatory minimum penalties are minimum terms of imprisonment that are […]

8 Jun

Sentencing Commission Releases Study on Youthful Offenders

By |June 8th, 2017|Criminal Law|

The United States Sentencing Commission has released a study titled “Youthful Offenders in the Federal System.”  Youthful offenders are defined as offenders age 25 or younger at the time they are sentenced.  The age of 25 was chosen because medical and psychiatric research shows that the average person’s brain is not fully developed until he […]

25 Apr

Sentencing Commission Releases New Recidivism Study

By |April 25th, 2017|Blogs, Criminal Law, LayerSlider|

In March 2017, the United States Sentencing Commission published a report titled, The Past Predicts the Future: Criminal History and Recidivism of Federal Offenders. The report’s findings were based on a study of over 25,000 federal offenders who were released from prison or placed on probation in 2005. The study was designed to […]

17 Apr

Judges May Consider Mandatory Minimum Sentence for Gun Offense When Determining Appropriate Sentence for Predicate Offense

By |April 17th, 2017|Blogs, Criminal Law, LayerSlider|

Under federal law, it is a crime to use or carry a gun in relation to a crime of violence or drug trafficking crime, or to possess a gun in furtherance of such a crime. 18 USC 924(c). This crime carries a distinct penalty that must be imposed in addition to the punishment provided […]

15 Mar

Sentencing Guidelines are Not Subject to Vagueness Challenges

By |March 15th, 2017|Criminal Law|

In a landmark decision, the Supreme Court decided on March 6th that the federal Sentencing Guidelines are not subject to vagueness challenges under the Due Process Clause.  Beckles v. United States,  580 U.S. _____ (2017), Slip Op. No. 15-8544.  Beckles was precipitated by the Court’s opinion in Johnson v. United States, 135 S. Ct. 2551, […]