The federal gang enhancement follows the Sentencing Commission’s tradition of increasing sentences without critical and empirical examination of an enhancement’s impact. However, all hope is not lost. Even if the client has been convicted of a subject offense, is the client “affiliated with” a gang, cartel, or organized crime ring, and did the client commit the crime “in connection with” the organization? Juval Scott provides strategies to challenge the enhancement.

Written Statement of Steven D. Benjamin, President National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Defining the Problem and Scope of Over-criminalization and Over-federalization”

Written Statement of William G. Otis, Adjunct Professor of Law Georgetown University Law Center Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Penalties”

Testimony of Chief Judge Patti B. Saris Chair, United States Sentencing Commission For the Hearing on “Agency Perspectives” Before the Over-Criminalization Task Force of the Committee on the Judiciary United States House of Representatives

Statement Of Judge Irene M. Keeley, United States District Judge Judicial Conference of the United States Before the Committee on the Judiciary Over-Criminalization Task Force United States House of Representatives at a Hearing Entitled “Agency Perspectives”

Federal prosecutors regularly ask courts to impose sentences within the Guidelines ranges to avoid unwarranted sentencing disparities under 18 USC §3553(a)(6), but these arguments often ignore data about what sentences are actually being imposed, especially in white-collar cases.  The Sentencing Commission has made it easier to see this data through the Judiciary Sentencing Information (JSIN) platform, and regular use of JSIN data is already being tested in 1/3 of federal district courts around the country. 

This session provides an overview of PATTERN and Earned Time Credits, explains how you can utilize these tools to benefit your client, and discusses how to proceed if the BOP fails to provide the time credits your client has earned. One of the prison reform provisions of the First Step Act, the Earned Time Credit program allows eligible individuals to be released early from prison or transferred to prerelease custody based on those credits. Along with BOP's risk assessment tool, PATTERN, Earned Time Credits can be an effective way to significantly decrease your client's sentence.

Explore the recent amendments to the Federal Sentencing Guidelines that took effect on November 1, 2023, in particular those that permit for a reduction in sentence. They will offer a comprehensive overview of the these amendments, the government’s latest position on them, and practice tips on making the most of them for your clients.

Co-Sponsored by Georgetown University Law Center’s American Criminal Law Review

The landscape of sentencing policy has shifted in recent years, with federal and state lawmakers advocating fewer draconian penalties and beginning to scale back certain sentences. It is clear that the United States stands at a critical juncture for sentencing reform. This symposium is designed to equip practitioners and policy advocates with the latest strategies and research to seize the moment and foster more rational and humane policies.

Panel from the 2020 Presidential Summit and Sentencing Symposium, co-hosted with the Georgetown University Law Center American Criminal Law Review

Remarks made during the 2020 Presidential Summit and Sentencing Symposium, co-hosted with the Georgetown University Law Center American Criminal Law Review

Because the full implications of First Step Act measures may not be immediately apparent, NACDL hosted a live webinar on January 29, 2019. Sentencing expert Amy Baron-Evans discusses the ins and outs of the new law, with emphasis on potentially overlooked aspects of the most significant provisions. Amy is the Sentencing Resource Counsel for the Federal Public and Community Defenders, and the go-to lawyer among federal defenders for difficult sentencing questions.

Long underused and unfairly applied by the U.S. Bureau of Prisons, federal compassionate release is seeing a revival under the First Step Act. That law not only corrected many of the flaws in the way the BOP handled compassionate release requests, but allows prisoners direct access to the courts. The new law clarifies the broad range of circumstances related to age, illness, and family circumstances that might trigger eligibility for relief and further opens up exciting new opportunities to seek reconsideration of sentences that are no longer appropriate for a variety of other reasons.

The duties of defense counsel and prosecution as to the representation of defendants being resentenced following changes from the U.S. Sentencing Commission retroactively reducing the base offense level for federal crack cocaine convictions, effective March 3, 2008.

NACDL, with its diverse membership of 10,000 spanning state, federal, and military practice, wishes to express its views on preferred Commission priorities. We concur with other advocates and stakeholders that current sentences are excessively long, and certain sentencing factors disproportionately affect racial minorities within the criminal legal system. Whatever issues the Commission determines to prioritize, these flaws should be foremost in considering potential amendments.