Teachable Moments Series

Episode 23, Part 5: Relevant Conduct in Economic Crimes Offenses

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)

Episode 14: How Do You Determine Loss in a “Black Money” Scheme?

What is “black money” and how do you calculate loss in a “black money” scheme? This podcast will discuss the details of this interesting counterfeit scheme. (Published December 2018)

Mini-Series Episode 20, Part 8: Mathis and What It Tells Us About Divisibility

This episode demonstrates how to determine if a statute is divisible relying on the Supreme Court’s holding in Mathis v. U.S. (Published March 2019)

Mini-Series Episode 20, Part 5: "Crimes of Violence" and "Violent Felonies" – What Do These Words Mean?

This podcast discusses the statutory and guideline definitions used in the categorical approach analysis. (Published March 2019)

Mini-Series Episode 20, Part 4: Facts Don’t Matter and Neither Do Titles

This episode dives a bit deeper into the categorical approach analysis itself and provides key points to remember when conducting an analysis. (Published March 2019)

Mini-Series Episode 20, Part 2: What is the Categorical Approach, Anyway?

How did we get here? This podcast provides an overview of the origins of the categorical approach and how it became an important part of federal sentencing. (Published March 2019)

Mini-Series Episode 20, Part 9: What Does Divisibility Really Mean?

This episode explores the difference between elements of a crime and means of committing a crime and provides tips on how to distinguish between them. (Published March 2019)

Mini-Series Episode 20, Part 11: Final Thoughts

This last podcast in the series summarizes what was discussed and provides some parting thoughts on the categorical approach analysis. (Published March 2019)

Episode 18: "Official Victim" in an Aggravated Assault Case

This podcast will discuss the interplay between the application of §2A2.2 (Aggravated Assault) and the Chapter Three Adjustment for Official Victim (§3A1.2) based on an unusual set of facts involving a road rage incident. (Published December 2018)

Episode 3: Relevant Conduct Principles in Child Pornography Offenses

In child pornography offenses, there are different relevant conduct principles depending on the offense of conviction. This podcast will review how relevant conduct operates for these offenses. (Published September 2018)