In the first episode of Season 3, returning guests Doug Passon and Mark Allenbaugh join hosts Hannah Miller and Douglas Berman to examine the legacy of United States v. Booker, the landmark Supreme Court case that 20 years ago transformed the federal sentencing guidelines from mandatory to advisory. They discuss the impact of Booker on judicial discretion, federal drug sentencing, and legislative action to amend the U.S. Sentencing Commission’s sentencing guidelines. The episode also touches on the February 5th Justice Department Memos from Attorney General Pam Bondi and their possible impact on the number and length of criminal drug sentences, as well as what, if any, influence an Obama-era clemency project might have on the current administration’s Office of the Pardon Attorney in light of a Bureau of Prisons capacity crisis.

Passon is a criminal defense lawyer of over twenty-five years, an award-winning documentary filmmaker, and host of the Set for Sentencing podcast. Allenbaugh is an attorney and entrepreneur with nationally-recognized expertise in federal sentencing, law, policy, and practice, and is a co-founder of Sentencing Stats, LLC.