Add to ORKGThis Article discusses an important federal sentencing issue that has received little scholarly attention, despite affecting thousands of lives each year: the harsh prior conviction sentencing enhancements that defendants can receive in illegal re-entry cases—and only in illegal re-entry cases. The Sentencing Commission created the enhancement through a perfunctory process that radically altered illegal re-entry sentencing, shifting the focus at sentencing from the illegal re-entry offense to the status of the defendant’s worst prior conviction. The result is a scheme where the length of the sentence many illegal re-entry defendants receive hinges on what they previously did—sometimes many years ago—rather than on the conduct for which they...
(Excerpt) This Article attempts to answer those questions both historically and theoretically. On a ...
In 1987, the Nation’s first attempt to standardize federal sentencing came in the form of the United...
This article argues that Blakely v. Washington did not decide (explicitly or implicitly) whether the...
This Article discusses an important federal sentencing issue that has received little scholarly atte...
Since 1986, the country has been witness to a revolution in federal sentencing practice: indetermina...
This article traces the fascinating history of early efforts to identify defendants and their prior ...
In this article we propose a solution to one of the more vexing problems in current federal sentenci...
The thesis of this Article is that the substantive criminal law is the missing element in sentencing...
The Supreme Court in United States v. Booker held that mandatory application of the United States Se...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
The federal sentencing guidelines, which focus on offense based statistical consistency, had a rippl...
Now that it has been more than four years since Senate Bill 2 became effective, this is a good time ...
This Article takes a statistical look at the state of federal sentencing roughly a decade after Unit...
(Excerpt) This Article attempts to answer those questions both historically and theoretically. On a ...
In 1987, the Nation’s first attempt to standardize federal sentencing came in the form of the United...
This article argues that Blakely v. Washington did not decide (explicitly or implicitly) whether the...
This Article discusses an important federal sentencing issue that has received little scholarly atte...
Since 1986, the country has been witness to a revolution in federal sentencing practice: indetermina...
This article traces the fascinating history of early efforts to identify defendants and their prior ...
In this article we propose a solution to one of the more vexing problems in current federal sentenci...
The thesis of this Article is that the substantive criminal law is the missing element in sentencing...
The Supreme Court in United States v. Booker held that mandatory application of the United States Se...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
This article is an elaboration of testimony I gave in February 2012 at a U.S. Sentencing Commission ...
This Article argues that the line of Supreme Court Sixth Amendment jury right cases that began with ...
The federal sentencing guidelines, which focus on offense based statistical consistency, had a rippl...
Now that it has been more than four years since Senate Bill 2 became effective, this is a good time ...
This Article takes a statistical look at the state of federal sentencing roughly a decade after Unit...
(Excerpt) This Article attempts to answer those questions both historically and theoretically. On a ...
In 1987, the Nation’s first attempt to standardize federal sentencing came in the form of the United...
This article argues that Blakely v. Washington did not decide (explicitly or implicitly) whether the...