On November 1, the 2018 United States Sentencing Guidelines Manual took effect. This manual is used in federal criminal cases to determine the recommended range of imprisonment for those convicted of one or more offenses. New amendments this year have changed the Guidelines on Tribal Issues, Social Security Fraud, Synthetic Drugs, Marijuana Equivalency, Illegal Reentry, […]
In McCoy v. Louisiana, the United States Supreme Court provided important guidance on which decisions in a case belong solely to the criminally accused, and which decisions are for the lawyer. In McCoy, the defense attorney had admitted the client’s guilt in a capital murder case, despite the client’s protestations of innocence, in an effort […]
The United States Sentencing Commission has issued its latest report on its study of federal firearms statutes. The report provides updated data on the use and impact of federal gun laws that carry mandatory minimum penalties. These laws include possessing/using a firearm in furtherance is a drug trafficking crime or crime of violence (18 USC […]
On April 12, 2018, the U.S. Sentencing Commission voted to promulgate amendments to the Sentencing Guidelines. The Guidelines are the starting points for a district court’s determination of a federal defendant’s sentence. These amendments will be submitted to Congress by May 1. If Congress takes no action, they will take effect on November 1, 2018.
“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, […]
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 […]
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 […]
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 […]
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. […]
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 […]