There were big changes in federal sentencing in 2025, and more on the horizon for 2026. So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com.

IN THIS EPISODE:

• Doug's Tequila of choice: G4 (Which symbolizes the 4 pt. spread in the IU/OHIO state game)( https://g4tequilas.com/)
• New home for Prof. Berman's legendary blog: https://sentencinglawandpolicy.wordpress.com/
• Quick recap of big 2025 guideline amendments;
• Tips on seeking early termination of Supervised Release under new guideline;
• The work ahead for the commission, and whether they will have a quorum;
• Berman's predictions on how the elimination of departures will play out moving forward;
• Proposed changes to the fraud guidelines, including loss table;
• The current pardon situation & how to use it to achieve better sentencing outcomes;
• New proposed guideline "specific offense characteristics" & post-offense rehabilitation;
• Predictions for new proposed guideline amendments;
• Compassionate release limitations may be on the horizon;
• Pending S.Ct. case on plea agreement appeal waivers.

LINKS:

Berman's Blog: If you haven't been receiving those great emails from Prof. Doug Berman's sentencing Blog, it's because it moved. His old platform shut down without warning, taking his subscriber base with it. So PLEASE sign up (or sign BACK up) to Berman's blog at his new home: https://www.sentencinglawandpolicy.com/

Mark Allenbaughs Washington Post article about his stats work for 1/6 pardons: https://wapo.st/45dDz1R

Drugs on the Docket Podcast ( Drug Enforcement and Policy Center (DEPC) at The Ohio State University): https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/depc-education/drugs-on-the-docket-podcast

A Second Chance: A Federal Judge Decides Who Deserves It: https://a.co/d/2dmE9bb

More than ever, we live in a country of selective justice. Some commit crimes with impunity and others are forced to run the gauntlet. The events of last week contain many stark examples, from prosecutions to pardons. So Mark Allenbaugh and I couldn't wait until the new year to talk about it. So, here's one last episode for 2025!

IN THIS EPISODE

• Conviction of Judge Hannah Dugan on Obstructing ICE and possible sentences;
• Epstein Files;
• The Pardon/Clemency situation;
• How pardon stats might be used to impact sentencing stats;
• Updates on Appointments Clause litigation;
• Solving Doug's Mystery tequila gift;
• A word on the "FIFA Peace Prize."

It's the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support (www.prisonist.org). I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant.

It's particularly fitting for a 2025 finale, as the hour is a recap of the effective sentencing strategies we've been discussing on this podcast, and deploying in our own cases.

Please like, share and subscribe. Have great holidays. Drink a responsible amount of great tequila, and we will see you in 2026!!!

IN THIS EPISODE:

• Doug Passon's story! Including Mitigation Filmmaking, Sentencing Consulting, and Autism-informed criminal defense;
• Narrative is everything;
• Defense Maps;
• The "3Rs" of mitigation narrative;
• There are at least TWO SENTENCINGS that occur in every case;
• Mitigation development must start EARLY;
• Use of qualified experts to bolster sentencing narratives;
• Choosing your prison experts wisely – all are not created equal;
• Effectively using sentencing and life expectancy statistics;
• The nuts and bolts of sentencing mitigation films;
• The value (or lack thereof) of sentencing letters;
• The power of allocution;
• Tips for choosing the very best lawyer for your case.

LINKS:

White Collar Support: https://prisonist.org/

Defense Maps: https://www.defensemap.com/

Sentencing Statistics: www.sentencingstats.com

Dr. Not Guilty, by Muhamad Aly Rifai, MD.

The Simpsons Do Mitigation Videos!? (Clip from Season 30, ep. 15, "101 Mitigations")

FREE DOWNLOADS: CLICK HERE TO VISIT MAINPAGE of the podcast for downloads:

• CHAPTER EIGHT OF DR. NOT GUILTY -- CHOSSING YOUR DEFENDER
• 3RS OF SENTENCING NARRATIVE (BY DOUG PASSON)
• SAMPLE SENTENCING LETTER REQUEST (BY DOUG PASSON)