SPECIFIC PUBLICATIONS & MATERIALS, BY SUBJECT

SENTENCING

Briefing Regarding BOP's Unilateral Termination of Boot Camp (presenting arguments challenging the program's termination under SRA, APA, retroactivity and ex post facto doctrine, the boot camp statute, and separation of powers).
by Stephen R. Sady, Chief Deputy Federal Defender, District of Oregon

Letters/Testimony of Federal Public & Community Defenders Re: Proposed Amendments to US Sentencing Guidelines and Other Matters Re: USSC

Memo to Probation Officers and Pretrial Services Officers Regarding Costs of Incarceration and Pre-Trial Detention for Fiscal Year 2005 (May 24, 2006)

The Supervision of Federal Offenders
Monograph 109, Office of Probation and Pretrial Services (September 2005)
(setting national policy for the supervision of federal offenders)

The Presentence Investigation Report for Defendants Sentenced Under the Sentencing Reform Act of 1984
Publication 107 of the Office of Probation and Pretrial Services (March 2005)
(a guide for U.S. probation officers in the preparation of presentence reports)

Endangering Human Life & the Environment - A Sentencing Hearing Potential
by Gene Gietzen, Forensic Scientist, Forensic Consulting Associates, Springfield, MO (describing usefulness of expert testimony in combatting the endangering human life and the environment enhancement in meth lab cases)

Introduction to Federal Sentencing (Ninth Edition) (April 2006)
by Lucien B. Campbell , Federal Public Defender, & Henry J. Bemporad, Deputy Federal Public Defender, Western District of Texas

The Doing Time Times, Spring 2005
The Doing Time Times, Winter 2006
Federal Defender Services of Wisconsin, Inc.

Section 3553(a)(2) and the USSC's newly released reports on recidivism (January 2006)
by Amy Baron-Evans, National Federal Defender Sentencing Resource Counsel

Update on Sentencing Guidelines Amendments, Effective 11/1/05

128 Mitigating Factors: Cases Granting, Affirming or Suggesting Mitigating Factors

Proposed 2004 U.S. Sentencing Guidelines Amendments Effective November 1, 2004

Department Policy Concerning Charging Criminal Offenses, Disposition of Charges, and Sentencing (Sept. 22, 2003)

Department Principles for Implementing an Expedited Disposition or 'Fast-Track' Prosecution Program in a District (Sept. 22, 2003)



 

Highlights of Federal Sentencing Guidelines Amendments that went into effect during 2003. It includes highlights of the following amendments:

1) Emergency Amendments, effective January 25, 2003, pertaining to corporate fraud and campaign finance reform.

2) PROTECT Act Amendments, effective April 30, 2003, pertaining to child crime and sex offenses.

3) PROTECT Act Amendment, effective May 30, 2003, pertaining to the kidnapping guideline.

4) PROTECT Act Amendment, effective October 27, 2003, pertaining to downward departures.

5) Regular Amendments, effective November 1, 2003.

6) Retroactivity Amendment, effective November 5, 2003, pertaining to Oxycodone offenses.


 

     The United States Sentencing Commission on October 8, 2003 voted to adopt a number of amendments to implement the directive to the Commission in section 401(m) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, Pub. L. 108?21 (the "PROTECT Act"). The amendments go into effect, subject to technical and conforming changes, on October 27, 2003. These new amendments apply to all cases; more restrictive rules for downward departures in child-related cases went into effect April 30, 2003.

     All amendments are subject to the ex post facto clause of the United States Constitution, Art. 1, . 9, cl. 3.



Report to the Congress: Downward Departures From The Federal Sentencing Guidelines

New Department of Justice Policies and Procedures Concerning Sentencing Recommendations, Sentencing Hearings and Appeals, issued pursuant to provisions of the recently-enacted PROTECT Act

United States Sentencing Commission Supplement to the 2002 Guidelines Manual

November 1, 2002 Amendments to the Federal Sentencing Guidelines and Commission Report On Cocaine Sentences

2001 Amendments Synopsis

Sentencing Guidelines (resource list)

Cases Addressing U.S.S.G. § 2K2.1(b)(2) (Feb. 1999) (case outline)

Cases Addressing U.S.S.G. § 2K2.1(b)(4) (Feb. 1999) (case outline)

Cases Addressing U.S.S.G. 2K2.1(b)(5) and (c)(1) (Feb. 1999) (case outline)

Downward Departures After Koon: A Fact-Based Inquiry (April 2001) (case outline)

Guideline Sentencing: An Outline of Appellate Case Law on Selected Issues (Sept. 2000) (book) (large document, 1.6 MB)

An Introduction to Federal Guideline Sentencing, 6th ed. (Mar. 2002) (pamphlet)

Relevant Comments on Relevant Conduct (Mar. 2002) (case outline)

Resentencing After Appellate Remand (June 1997) (case outline)

Revocation of Probation and Supervised Release (Mar. 2002) (case outline)

Safety Valve Cases (Oct. 1998) (case outline)