Unlocking the Sentencing Guidelines, A Virtual Series: Session 2 - Navigating Relevant Conduct

Unlocking the Sentencing Guidelines: A Virtual Series is a comprehensive examination of the U.S. Sentencing Guidelines. Monthly webinars will examine topics in Chapter One on relevant conduct; in Chapter Two on guideline calculations for drug offenses, firearm offenses, immigration offenses, sex offenses, and economic crime offenses; in Chapter Three on adjustments and grouping; in Chapter Four on criminal history calculations and career offender/categorical approach problems; in Chapters Five and Seven on imposition and violations of probation/supervised release; on recent guideline amendments and trending sentencing guideline issues; on the effective use of data and resources in deconstructing the guidelines; and, finally, on the importance of injecting the clients' stories to move away from a rigid application of the guidelines, particularly when the guidelines provide too harsh a sentence.

Session 2 - Navigating Relevant Conduct

Relevant Conduct (USSG Section 1B1.3) presents a mindfield for criminal defense practitioners. For the unwary, the expansive consideration of a wide-array of conduct may  significantly increase your client's sentence. In this session, the presenter will flag and distill for practitioners relevant conduct concepts such as "reasonably foreseeable acts of others" which may be implicated within the scope of "jointly undertaken criminal activity" or conduct that may be considered as part of a "common scheme and plan." The presenter will also address how to effectively combat relevant conduct enhancements and the proposed acquitted conduct guideline amendment.

Presenter:

Cherrelle Herbert is an attorney with the National Sentencing Resource Counsel (SRC), a project of the Federal Public and Community Defenders. Prior to working with SRC, Cherrelle worked as an Assistant Federal Public Defender in the District of Puerto Rico and as an Assistant Public Defender in Miami-Dade, Florida. Cherrelle earned her J.D. from Cardozo Law School and her B.A. from Stanford University. She is originally from the Virgin Islands, where she now resides. Cherrelle has presented at the National Seminar for Federal Public Defenders, the Multi-Track Federal Criminal Defense Seminar, and for various CJA panels.

CLE Information:

We have applied for CLE accreditation in states that have mandatory requirements. We regret that we cannot respond to telephone inquiries regarding the status of CLE approval prior to the webinar. All information related to CLE will be emailed to attendees within 15-30 days following the program.

• To minimize reporting fees per attorney/program, if you are barred in more than one of the following states NM, TN, PA, NE, attendance will be reported to one state only.
• The attorney is responsible for making sure the appropriate state and bar number is on file with the DSO Training Division.
• For applicable states, attendance will be reported using the bar number and state(s) listed on the registration form submitted for this program.
• Failure to provide the state and bar number may result in the Training Division not being able to report your attendance.