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Set For Sentencing

Oct 30, 2023

It’s Halloween! What better time to talk about FEAR!!!???

Many think fear is the great motivator, but it can also be the great debilitator.  Fear prevents lawyers from "going for it" at sentencing and making the extraordinary ask on behalf of their clients.  Fear also prevents those clients from communicating their...


Oct 23, 2023

In a “POST TRUTH” society, it can be hard to determine if what you are watching is the actual truth.  In reality TV, documentary filmaking, and even the so-called "news", truth is not always a sacred value.     

But in my world, nobody would be surprised to hear me say, the truth is hard to discern. 

 

But, many...


Oct 16, 2023

Sam Bankman Fried is almost certainly on the Autism Spectrum.  And, if his lawyers can fully understand ASD, they would have a better chance at acquitting their client by explaining to the jury why his actions may not have been nearly as intentional and  calculated as they seem.  Moreover, if he’s convicted, ASD would...


Oct 9, 2023

On Nov 1, the Zero Point offender Amendment to USSG goes into effect. WE CALL IT THE ZIPPO (ZPO).

It is retroactive, and thousands facing sentencing and already sentenced should be eligible to have their sentences reduced.

BUT what happens if you received a guideline bump under 3B1.1, for being a “leader organizer”?


Oct 2, 2023

A jury convicted Danny Masterson of two counts of forcible rape in California state court, and the judge just sentenced him to thirty years.  It was a daunting task for his lawyers, because Masterson maintained his innocence to the bitter end.  If the lawyers could have successfully threaded that needle, then Masterson...