42 episódios
Sentencing Practice Talk United States Sentencing Commission
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Brought to you by the Office of Education & Sentencing Practice, Sentencing Practice Talk is a podcast series designed to inform those interested in federal sentencing on guideline application issues. Topics range from frequently asked questions on the HelpLine, to sentencing practice tips, to recent case law developments. The information presented is intended to aid those involved in federal sentencing in the proper application of the guidelines and relevant case law. It does not represent the official position of the Commission and should not be cited as such. Listeners are advised to conduct their own independent research.
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Sentencing Practice Talk - Episode 24
Episode 24: First Step Act - Case Law UpdateThe First Step Act was signed into law by the President on December 21, 2018. This episode focuses on recent case law related to Section 404 of the First Step Act, the part of the law that enables some of those serving sentences for crack cocaine offenses to return to court for a reduced sentence in accordance with the Fair Sentencing Act of 2010.
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Sentencing Practice Talk - Episode 23, Part 5
Teachable Moments SeriesEpisode 23, Part 5: Relevant Conduct in Economic Crimes OffensesWhat is actual versus intended loss? Why does it matter? Tune in to find out, as well as learn about special rules that may apply when calculating loss amounts at §2B1.1. (Published March 2020)
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Sentencing Practice Talk - Episode 23, Part 4
Teachable Moments SeriesEpisode 23, Part 4: Grouping of Multiple CountsWhy not just add units when I have multiple counts of conviction? Because that’s not how the grouping rules work! Learn how to follow the Decision Tree to find the correct answers every time. (Published March 2020)
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Sentencing Practice Talk - Episode 23, Part 3
Teachable Moments SeriesEpisode 23, Part 3: Relevant Conduct in Drugs and GunsDo you have a § 924(c) count in your drugs and guns case? When is a prior sentence relevant conduct and not criminal history? What enhancements apply if a firearm is stolen and has an obliterated serial number? This episode addresses common issues that continue to trouble practitioners in cases involving drugs and guns. (Published March 2020)
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Sentencing Practice Talk - Episode 23, Part 2
Teachable Moments SeriesEpisode 23, Part 2: Criminal History Implications for Immigration, Career Offender, Safety Valve, and First Step ActIf you have ever struggled with criminal history, we’ve got you covered. Listen and learn about the importance of scoring the defendant’s criminal history correctly! There are implications of criminal history calculations beyond the defendant’s criminal history category. (Published March 2020)
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Sentencing Practice Talk - Episode 23, Part 1
Teachable Moments SeriesEpisode 23, Part 1: Relevant Conduct in Sex Offenses and Other Crimes Against the PersonDo you know how to apply the Special Instruction at §2G2.1? Have you ever had a question about what constitutes a “stipulation” for purposes of §1B1.2? Tune in to find out about pitfalls you may face in these types of situations. (Published March 2020)