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Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable

The U.S. Court of Appeals for the Fourth Circuit ruled that a supervised release revocation sentence was plainly unreasonable. The Court concluded that it was not reasonable for a district court to fail to address nonfrivolous arguments advanced by a defendant arguing for a particular revocation sentence. The Court also held that a district court

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Drugs minus two equals the release of 6,000 inmates

The end of October will herald new beginnings for roughly 6,000 inmates whose sentences have been reduced under changes to federal sentencing guidelines. While it might be tempting to attribute these changes to Obama’s push this last year for prison reform, these policy changes stem from wheels set into motion quite some time ago. Under

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Where alternative sentencing and education meet

News out of Iran’s criminal justice system last week could not be more surprising. One Judge, Qasem Naqizadeh, in the city of Gonbad-e Kavus, is adopting an alternative sentencing mechanism for juveniles that the rest of the world would do well to pay attention to. Juvenile offenders with no previous records, having committed relatively minor

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Can Obama set the US on the path to prison reform?

A few weeks ago I wrote about the passing of a landmark revision to the United Nations’ “Standard Minimum Rules for the Treatment of Prisoners.” In it, I questioned why the United States, a key player in the revision process, had remained so quiet since the announcement, positing that the silence was in large part due

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Nebraska’s death penalty ban could be a watershed moment for America

On May 27th, the Nebraska legislature made the landmark decision to ban the death penalty in the state. A vote by the legislature came down in favor of overturning Governor Pete Rickett’s attempt to veto a ban on capital punishment in the state. And while some may be surprised that the red state has made this determination,

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Retroactivity of Drug Guidelines Amendments

Today, the United States Sentencing Commission has scheduled a vote as to whether the November 2014 Amendments to the federal drug sentencing guidelines will apply retroactively. The new Amendments reduce the drug sentencing guidelines by 2 points and can result in a sentence reduction of 6 months to 2 years for many inmates. Most legal

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When Judges Attack: The Case of Todd Broxmeyer

Most legal observers would agree that when two respected jurists attack each other’s rationale in published opinions, there’s probably a good reason for it.  Sometimes it’s a case in which the stakes are high, as in the death penalty appeal where Judge Stephen Reinhardt for the Ninth Circuit called the opinion of colleague Alex Kosinski

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