Today history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us get set for sentencing is a superb New York criminal defense attorney, Richard Willstatter, to break it all down.   IN THIS EPISODE:   Possible sentencing ranges if convicted; Whether, if convicted, he could be taken into custody upon conviction or sentencing; Whether the judge can consider “other conduct” of Trump at sentencing if convicted; Wher ..read more

Last Thursday, Judge Lewis Kaplan sentenced Sam Bankman-Fried to 25 years in prison.  Some think that’s an appropriate result.  Some think it should have been more. But this sentence far more than necessary to meet the goals of sentencing.  The bigger problem is, there were likely missed opportunities to convince the Judge that justice demanded a lower sentence for Sam.  Therefore, here is the straight scoop on SBF’s sentencing (we have the full transcript) and the larger problems it reveals about federal sentencing and beyond.   IN THIS EPISODE:   Judge Kap ..read more

The guidelines commission is gearing up to make their recommendations for the next round of amendments.  It’s the follow-up album to their first hit record, which included memorable songs like The “Zero Point Offender Boogie”, and “Release Me (Compassionately)”.  The real question is can they top their debut with their sophomore effort?  Will there be any hits?  Can we dance to it?  Mark Allenbaugh and I hit the highlights, and offer up some B-side pontifications about the death of the administrative state, why Trump’s immunity claim is destined to die in the Supreme C ..read more

Mitigation has been an integral part of death penalty defense for decades and there are minimum standards that apply in that context.  When an early and thorough mitigation workup occurs, good things happen. But, many non-capital attorneys don’t recognize the need to adopt this approach in their everyday criminal matters.  Without good mitigation, even in non-cap cases, the sentening results will almost certainly be disastrous. It’s time to make MITIGATION a priority for every defense team.    To that end, a phenomenal and deeply important new article makes the case for the ..read more

The Bureau of Prisons is dysfunctional, dangerous and dehumanizing.  Its failures have been well-documented recently in the press, in OIG reports, and in judicial opinions. But some judges still don't understand that they have the power and the responsibility to do something about it.  Moreover, lawyers don't always know that BOP dysfunction is powerful sentencing mitigation. More specifically, if the BOP is ill-equipped to provide adequate medical care, mental health treatment, programming and safety, then we MUST send less people to BOP and for less time! This isn’t just my op ..read more

The criminal justice system is a tool of social control.  And no where is that more evident than on our nation's Indian reservations.  American Indians have been the targets of the wrath of the criminal process since the day a renegade Sioux warrior took Crow Dog shot Chief Spotted Tail dead in the late 1800's.  We can watch wonderful films like Dances With Wolves & Killers of the Flower Moon to learn about the atrocities committed against American Indians way back when.   But many of us believe those terrible days are behind us and the American Indian now enjoys full a ..read more

The government often weaves false sentencing narratives about our clients:  they are born bad, uncontrollably violent, no concern for others, no respect for the law.  There’s always a more truthful, powerful, and humanistic story to tell.  And in some of those cases that story could be LEAD POISONING! The fact is, the probability of those who have been poisoned with lead and other toxins as children are much more likely to run afoul of the law because of frontal lobe damage affecting judgement, impulsivity, executive functioning, and a host of other impairments.  Moreover ..read more

What better way to start off the new year than to review some of the big guideline changes that took effect at the end of the year, and some forward looking sentencing commission proposals for changes that could be coming in 2024? We kick off this year with our friend and colleague, guidelines and sentencing stats guru, Mark Allenbaugh.  He’s drinking coke, I’m sipping Don Rico tequila.   IN THIS EPISODE:   Some major changes we gave short-shrift to in previous episodes, including the 3rd point for acceptance of responsibility, and changes to status points related to crimi ..read more

Hey everybody.  We've been dropping new episodes every week for for about 80 weeks now.  It's time to sit back, relax and ride out the rest of 2023.  We'll be back in full force come 2024.  Until then, enjoy some old episodes, like, share, subscribe and spread the word.  Together we will make meaningful and lasting change in our broken sentencing system.  Until then, keep the faith, hang in there, and take care of yourselves. www.setforsentencing.com www.dougpassonlaw.com   ..read more

David DePape did something terrible, breaking into the San Franscisco home of Nancy and Paul Pelosi, attempting to Kidnap the former Speaker of the House, and savagely attacking her husband with a hammer.  He was just convicted in federal court for his crimes, with more to come in state court.   He is more than just his crimes.  But sadly, the likely truth of DePape’s mitigation story has yet to be, and may never be fully told.  So let’s get set for sentencing with Doug Passon and Mark Allenbaugh!   IN THIS EPISODE:    Sentencing guidelines discussion ..read more