Newer, Lower
Sentencing Commission Changes Published
By Derek Gilna
The
Sentencing Commission changes for 2015 are finally starting to come into
focus. As should be obvious, the
Sentencing Commission has been the primary vehicle for change and reform of sentencing
for the past several years, as Congress has struggled to properly address the
issue. As of now, here NO sentencing
reform bills set for a vote in either house of Congress.
According
to the Sentencing Commission, changes will be proposed to the following
sections: 4A1.2, relating to Computing Criminal History; 1B1.3, changing the
factors for relevant conduct; a revision for the financial loss amounts (of great
benefit to white-collar defendants; 3B1.2, reforming the mitigating role
definition to provide for a reduction who people who perform “limited functions
in criminal activity;” and an amendment to 2B1.1, revising certain sections of
the fraud crimes.
NONE of these changes are expected to increase
any sentencing, only reduce them (There are, however, some technical increases
for stock market fraud). It is expected
that these sentencing reductions will also be given retroactivity, as has
occurred with past sentencing revisions.
The changes are up for public comment until March 15, 2015 , at which time the Commission will
vote on these changes and formally present them to Congress. Congress has NEVER rejected any changes in
sentencing proposed by the Commission.
While these changes still pending,
we know that there are many other avenues for relief available to you,
depending upon your factual circumstances.
You need a strong advocate for your rights. This past week I was in Washington
D.C.
I am strongly committed to all defendants,
even those already convicted, to get justice based upon their attorney’s
failure to properly represent them. It
is always an eye-opener to see how many defense attorneys seem to be more
concerned about their relationship with the Government than their duty to their
clients and end up providing constitutionally inadequate representation of
counsel.
These and all such cases are
difficult and very fact dependent. However, if you are interested in seeking
experienced legal advice or legal services, your choice is clear. I am willing
to go into battle for you, and if you are ready for the challenge, so am I.
