Sentencing Practice Talk

(Published September 4, 2024)  In this podcast episode, professionals from the Commission's Office of Education and Sentencing Practice explore the Commission's website and highlight the online resources they wish they had known about when working as probation officers.

Related Materials:

(Published August 7, 2024)  This is the first episode in the re-launch of Sentencing Practice Talk, hosted by Lori Baker and Andrea Edgar. Sentencing Practice Talk is a series designed to inform those interested in federal sentencing or guideline application issues.

The 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.

What 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)

Why 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)

Do 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)

If 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)

Do 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)

This episode will complete the discussion about §5G1.3. Does the guideline apply to anticipated state terms of imprisonment? Is there any relief for a defendant who has a discharged term of imprisonment that is relevant conduct to the instant offense? What if I have a unique or complicated situation?

This episode will focus on sections (a) and (b) of §5G1.3. How does the court impose a sentence for the offense when the undischarged term is for an offense that is part of relevant conduct for the federal offense?