Annual National Seminar on the Federal Sentencing Guidelines
September 16-18, 2015
New Orleans, LA
* Indicates program is offered twice
Day One: Wednesday, September 16, 2015
INTRODUCTION TO THE FEDERAL SENTENCING GUIDELINES
This Introduction to the Federal Sentencing Guidelines session is designed to provide an introduction to guidelines application for those with limited experience working with the federal guidelines.
12:30 p.m. - 2:15 p.m.
Room: Grand Salon C
Speakers:
- Honorable Ricardo H. Hinojosa
Chief District Judge
United States District Court
Southern District of Texas
McAllen, TX - Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
BREAK
2:15 p.m. - 2:30 p.m.
CONCURRENT SESSIONS
2:30 p.m. - 4:00 p.m.
RELEVANT CONDUCT*
This session will focus on relevant conduct analysis required for guideline application.
Room: HEC A
Speakers:
- Peter Madsen
Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC - Rachel Pierce
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
CRIMINAL HISTORY*
This session will discuss guideline application issues related to Chapter Four of the guidelines.
Room: HEC B
Speakers:
- L. Russell “Rusty” Burress
Principal Training Advisor, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
ADVANCED GUIDELINE ISSUES*
This interactive session will be a discussion of advanced guideline issues, including some frequently asked questions.
Room: HEC C
Speakers:
- Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Krista Rubin
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
BREAK
4:00 p.m. - 4:15 p.m.
CONCURRENT SESSIONS
4:15 p.m. - 5:45 p.m.
RELEVANT CONDUCT*
This session will focus on relevant conduct analysis required for guideline application.
Room: HEC A
Speakers:
- Peter Madsen
Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC - Rachel Pierce
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
CRIMINAL HISTORY*
This session will discuss guideline application issues related to Chapter Four of the guidelines.
Room: HEC B
Speakers:
- L. Russell “Rusty” Burress
Principal Training Advisor, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
ADVANCED GUIDELINE ISSUES*
This interactive session will be a discussion of advanced guideline issues, including some frequently asked questions.
Room: HEC C
Speakers:
- Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Krista Rubin
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
RECEPTION
5:45 p.m.
Day Two: Thursday, September 17, 2015
PLENARY SESSION
The Commissioners will discuss the 2015 amendments. The panel of judges will discuss tips from the bench.
9:00 a.m. - 10:45 a.m.
Room: Grand Salon C & D
Speakers:
- Honorable Patti B. Saris
Chair
United States Sentencing Commission - Honorable Charles R. Breyer
Vice Chair
United States Sentencing Commission - Honorable Dabney L. Friedrich
Commissioner
United States Sentencing Commission - Honorable Rachel E. Barkow
Commissioner
United States Sentencing Commission - Honorable William H. Pryor, Jr.
Commissioner
United States Sentencing Commission - Honorable Jonathan J. Wroblewski
Commissioner, Ex-Officio
United States Sentencing Commission - Honorable Lance Africk
District Judge
United States District Court
Eastern District of Louisiana
New Orleans, LA - Honorable Kathleen Cardone
District Judge
United States District Court
Western District of Texas
El Paso, TX - Honorable Paul L. Friedman
Senior District Judge
United States District Court
District of the District of Columbia
Washington, DC
Materials:
BREAK
10:45 a.m. - 11:00 a.m.
CONCURRENT SESSIONS
11:00 a.m. - 12:30 a.m.
DRUG OFFENSES AND RETROACTIVITY*
This session will discuss guideline application issues relating to the drug guidelines. The session will focus on application of base offense levels as well as frequently applied specific offense characteristics. This session will also discuss issues related to the retroactivity of the recent drug amendment.
Room: Grand Salon C
Speakers:
- Kathleen Grilli, Esq.
General Counsel
United States Sentencing Commission
Washington, DC - Honorable Ketanji Brown Jackson
District Judge
United States District Court
District of the District of Columbia
Washington, DC - Rachel Pierce
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
CHILD PORNOGRAPHY*
The panel will focus on guideline application and case law issues related to child pornography and sex offenses. The panel will also discuss offender characteristics of these defendants.
Room: Grand Salon D
Speakers:
- Fred Berlin, M.D., Ph.D.
Founder of The Johns Hopkins Sexual Disorders Clinic
Director of the Sexual Behaviors Consultation Unit
Baltimore, MD - Alexandra Gelber, Esq.
Assistant Deputy Chief
Child Exploitation and Obscenity Section
Criminal Division
United States Department of Justice
Washington, DC - John Rhodes, Esq.
Assistant Federal Defender
District of Montana
Missoula, MT - Moderator: Brent Newton, Esq.
Deputy Staff Director
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show: Child Pornography Offenses
- Slide Show: Viewers of Child Pornography - A Psychiatric Perspective
- Primer: Commercial Sex Offenses
- Report on Federal Child Pornography Offenses (Executive Summary)
ECONOMIC CRIMES*
The panel will discuss sentencing issues arising in economic crime offenses. The panel will also discuss the proposed 2015 economic crime amendments. A particular focus of the panel’s discussion will be the calculation of loss in certain types of cases.
Room: Quarterdeck A-C
Speakers:
- Juliana Moore
Probation Officer Specialist
United States Probation Office
Northern District of Texas
Dallas, TX - Honorable K. Michael Moore
Chief District Judge
United States District Court
Southern District of Florida
Miami, FL - James Strawley, Esq.
Deputy General Counsel
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show
- Primer: Victims
- "Reader-Friendly" Amendments (Effective November 1, 2015)
- Quick Facts: Theft, Property Destruction, and Fraud Offenses
ROLE IN THE OFFENSE
The panel will discuss issues involving the guideline application and case law issues of several Chapter Three Adjustments.
Room: Chart A-C
Speakers:
- Honorable Gustavo Gelpi, Jr.
District Judge
United States District Court
District of Puerto Rico
San Juan, PR - Davina Chen, Esq.
CJA Counsel
Law Office of Davina T. Chen
Glendale, CA - Arvind K. Lal, Esq.
Chief, Asset Forfeiture and Money Laundering Section
United States Attorney's Office
Washington, DC - Moderator: Peter Madsen
Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show
- Primer: Role in the Offense
- 2015 Amendments to the Federal Sentencing Guidelines (see page 45)
RESTITUTION
The panel will present a useful step-by-step approach determining restitution under federal law. It also will present developing legal issues under the Crime Victim Rights Act (and other statutes), recent case law, and emerging victims’ rights issues.
Room: Kabacoff
Speakers:
- T. Michael Andrews, Esq.
Project Director
D.C. Crime Victims' Resource Center
Washington, DC - Catharine Goodwin, Esq.
Restitution Consultant
Sun City West, AZ
Materials:
- Slide Show: Federal Criminal Restitution
- Slide Show: Federal Criminal Restitution - Basic Steps and Recent Issues
- Handout
JUDGES-ONLY TRAINING
Judge's training will address departures and variances (how to weigh the 3553(a) factors after determining the guideline sentence), the policy rationale behind the criminal history score, relevant conduct, discussion of the Commission's recidivism research, the categorical approach to determining the nature of a prior conviction, and adjustments for role in the offense.
Room: River
Speakers:
- L. Russell "Rusty" Burress
Principal Training Advisor, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Raquel Wilson, Esq.
Acting Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
LUNCH BREAK
12:30 p.m. - 2:00 p.m.
CONCURRENT SESSIONS
2:00 p.m. - 3:30 p.m.
DRUG OFFENSES AND RETROACTIVITY*
Room: Grand Salon C
Speakers:
- Kathleen Grilli, Esq.
General Counsel
United States Sentencing Commission
Washington, DC - Honorable Ketanji Brown Jackson
District Judge
United States District Court
District of the District of Columbia
Washington, DC - Rachel Pierce
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
SENTENCING RESEARCH STUDIES
This session will discuss Commission sentencing data and research and how they were used to inform recent Commission amendments to the sentencing guidelines.
Room: Kabacoff
Speakers:
- Kim Hunt, Ph.D.
Senior Research Associate
United States Sentencing Commission
Washington, DC - Louis Reedt, Sc.D.
Deputy Director, Office of Research and Data
United States Sentencing Commission
Washington, DC - Courtney R. Semisch, Ph.D.
Senior Research Associate
United States Sentencing Commission
Washington, DC - Moderator: Glenn Schmitt, Esq.
Director, Office of Research and Data
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show: Research on Recidivism Among Federal Offenders
- Slide Show: Alternatives to Incarceration
- Slide Show: Life Sentences in the Federal System
ECONOMIC CRIMES*
The panel will discuss sentencing issues arising in economic crime offenses. The panel will also discuss the proposed 2015 economic crime amendments. A particular focus of the panel's discussion will be the calculation of loss in certain types of cases.
Room: Quarterdeck A-C
Speakers:
- Juliana Moore
Probation Officer Specialist
United States Probation Office
Northern District of Texas
Dallas, TX - Honorable K. Michael Moore
Chief District Judge
United States District Court
Southern District of Florida
Miami, FL - James Strawley, Esq.
Deputy General Counsel
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show
- Primer: Victims
- "Reader-Friendly" Amendments (Effective November 1, 2015)
- Quick Facts: Theft, Property Destruction, and Fraud Offenses
CATEGORICAL APPROACH*
This session will discuss the operation of the Career Offender and Armed Career Criminal guidelines, with a particular focus on the cases that discuss and interpret the categorical approach in determining whether a conviction is a crime of violence or violent felony.
Room: Chart A-C
Speakers:
- Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Raquel Wilson, Esq.
Acting Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
GUIDELINE DEPARTURES & VARIANCES*
The panel will discuss current developments and case law relating to guideline departures and variances; provide practical advice on guideline departures and variances; and explore issues associated with guideline departures and variances.
Room: Grand Salon D
Speakers:
- Honorable Frank Whitney
Chief District Judge
United States District Court
Western District of North Carolina
Charlotte, NC - M. Yasmin Cader
Assistant Federal Public Defender
Office of the Federal Public Defender
Central District of California
Los Angeles, CA - Bob Zauzmer, Esq.
Appellate Chief
United States Department of Justice
Eastern District of Pennsylvania
Philadelphia, PA - Moderator: Honorable Charles R. Breyer
Vice Chair, United States Sentencing Commission
Senior District Judge
United States District Court
Northern District of California
San Francisco, CA
Materials:
BREAK
3:30 p.m. - 3:45 p.m.
CONCURRENT SESSIONS
3:45 p.m. - 5:15 p.m.
ALTERNATIVES TO INCARCERATION
Room: River
Speakers:
- Honorable John Gleeson
District Judge
United States District Court
Eastern District of New York
Brooklyn, NY - Honorable M. Casey Rodgers
Chief District Judge
United States District Court
Northern District of Florida
Pensacola, FL - Courtney R. Semisch, Ph.D.
Senior Research Associate
United States Sentencing Commission
Washington, DC - Moderator: William B. Carr, Jr.
Adjunct Professor of Law
Widener Law School
Harrisburg, PA
Materials:
GROUPING OF MULTIPLE COUNTS*
This session will focus on practical application of the grouping rules and how they affect sentencing. Discussion and scenarios will focus on the interplay between the multiple count rules, relevant conduct, and the notion of “double counting” under the guidelines.
Room: Quarterdeck A-C
Speakers:
- Krista Rubin
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
BUREAU OF PRISONS ISSUES
The panel will provide an overview of Bureau of Prisons issues including the designation process, judicial recommendations, substance abuse and vocational programs, and basic sentence computations. The panelists will also discuss the significance of the presentence investigation report in determining initial security and custody classification, facility placement, and programming.
Room: Grand Salon C
Speakers:
- Kathleen M. Kenney, Esq.
General Counsel
Bureau of Prisons
Washington, DC - Stephen R. Sady, Esq.
First Assistant Federal Public Defender
Office of the Federal Public Defender
District of Oregon
Portland, OR - Moderator: Glenn Schmitt, Esq.
Director, Office of Research and Data
United States Sentencing Commission
Washington, DC
Materials:
CHILD PORNOGRAPHY*
The panel will focus on guideline application and case law issues related to child pornography and sex offenses. The panel will also discuss offender characteristics of these defendants.
Room: Kabacoff
Speakers:
- Fred Berlin, M.D., Ph.D.
Founder of The Johns Hopkins Sexual Disorders Clinic
Director of the Sexual Behaviors Consultation Unit
Baltimore, MD - Alexandra Gelber, Esq.
Assistant Deputy Chief
Child Exploitation and Obscenity Section
Criminal Division
United States Department of Justice
Washington, DC - John Rhodes, Esq.
Assistant Federal Defender
District of Montana
Missoula, MT - Moderator: Brent Newton, Esq.
Deputy Staff Director
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show: Child Pornography Offenses
- Slide Show: Viewers of Child Pornography - A Psychiatric Perspective
- Primer: Commercial Sex Offenses
- Report on Federal Child Pornography Offenses (Executive Summary)
CATEGORICAL APPROACH*
This session will discuss the operation of the Career Offender and Armed Career Criminal guidelines, with a particular focus on the cases that discuss and interpret the categorical approach in determining whether a conviction is a crime of violence or violent felony.
Room: Chart A-C
Speakers:
- Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Raquel Wilson, Esq.
Acting Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
GUIDELINE DEPARTURES AND VARIANCES*
The panel will discuss current developments and case law relating to guideline departures and variances; provide practical advice on guideline departures and variances; and explore issues associated with guideline departures and variances.
Room: Grand Salon D
Speakers:
- Honorable Frank Whitney
Chief District Judge
United States District Court
Western District of North Carolina
Charlotte, NC - M. Yasmin Cader
Assistant Federal Public Defender
Office of the Federal Public Defender
Central District of California
Los Angeles, CA - Bob Zauzmer, Esq.
Appellate Chief
United States Department of Justice
Eastern District of Pennsylvania
Philadelphia, PA - Moderator: Honorable Charles Breyer
Vice Chair, United States Sentencing Commission
Senior District Judge
United States District Court
Northern District of California
San Francisco, CA
Materials:
RECEPTION (for Judges Only)
Day Three: Friday, September 18, 2015
PLENARY SESSION
This session will update attendees on legislative developments in criminal justice and sentencing reform.
9:00 a.m. - 10:15 a.m.
Room: Grand Salon C & D
Speakers:
- James E. Felman, Esq.
Partner
Kynes Markman & Felman
Tampa, FL - Benji McMurray, Esq.
Assistant Federal Public Defender
District of Utah
Salt Lake City, UT - Professor Mark Osler
Law Professor
University of St. Thomas School of Law
Minneapolis, MN - Mary Price, Esq.
General Counsel
Families Against Mandatory Minimums (FAMM)
Washington, DC - Vikrant P. Reddy
Senior Research Fellow
Charles Koch Institute
Arlington, VA - Moderator: Honorable Patti B. Saris
Chair, United States Sentencing Commission
Chief District Judge
United States District Court
District of Massachusetts
Boston, MA
Materials:
BREAK
10:15 a.m. - 10:30 a.m.
CONCURRENT SESSIONS
10:30 a.m. - 12:00 p.m.
IMMIGRATION OFFENSES
This interactive panel will focus on application issues relating to the sentencing of immigration offenses, with particular emphasis on the application of §2L1.2 (Unlawfully Entering or Remaining in the United States).
Room: Grand Salon C
Speakers:
- Honorable Ricardo Hinojosa
Chief District Judge
United States District Court
Southern District of Texas
McAllen, TX - Richard Bohlken
Assistant Deputy Chief Probation Officer
United States Probation Office
District of New Mexico
Albuquerque, NM - John Crews, Esq.
Assistant United States Attorney
United States Attorney's Office
District of New Mexico
Albuquerque, NM - Marjorie Meyers, Esq.
Federal Public Defender
Southern District of Texas
Houston. TX - Moderator: Krista Rubin
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
- Slide Show
- Primer: Immigration
- Report: Illegal Reentry Offenses
- Quick Facts: Illegal Reentry
- Quick Facts: Alien Smuggling Offenses
FIREARMS
Panelists will focus on guideline application and case law issues related to firearms offenses.
Room: Grand Salon D
Speakers:
- Rick Holloway
Sentencing Guideline Specialist
United States Probation Office
District of South Dakota
Rapid City, SD - Brent Newton, Esq.
Deputy Staff Director
United States Sentencing Commission
Washington, DC
Materials:
CONDITIONS OF SUPERVISED RELEASE
In this session participants will learn how to assess the need for certain conditions of supervised release, an individual defendant's need for specificity in special conditions, and case law regarding what conditions of supervised release are permissible under what circumstances.
Room: Chart A-C
Speakers:
- Mark Neff
Deputy Chief Probation Officer II
Northern District of Illinois
Chicago, IL - Michelle Spidell
Probation Administrator
Administrative Office of the United States Courts
Tampa, FL - Moderator: Peter Madsen
Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
- Report: Federal Offenders Sentenced to Supervised Release
- Summary: Results of 2014 Judges Survey
- Results of 2014 Judges Survey
- Primer: Supervised Release
ORGANIZATIONAL GUIDELINES
The panel will discuss the components of an organizational sentencing, including restitution, fines, and terms and conditions of probation. The panel will also discuss how to evaluate whether an organization has an effective compliance and ethics program.
Room: Kabacoff
Speakers:
- Dave Debold, Esq.
Gibson, Dunn & Crutcher
Washington, DC - Kathleen Grilli, Esq.
General Counsel
United States Sentencing Commission
Washington, DC
Materials:
GROUPING OF MULTIPLE COUNTS*
This session will focus on practical application of the grouping rules and how they affect sentencing. Discussion and scenarios will focus on the interplay between the multiple count rules, relevant conduct, and the notion of "double counting" under the guidelines.
Room: Quarterdeck A-C
Speakers:
- Rachel Pierce
Senior Education and Sentencing Practice Specialist
United States Sentencing Commission
Washington, DC
Materials:
JUDGES-ONLY TRAINING
Judge's training will address departures and variances (how to weigh the 3553(a) factors after determining the guideline sentence), the policy rationale behind the criminal history score, relevant conduct, discussion of the Commission's recidivism research, the categorical approach to determining the nature of a prior conviction, and adjustments for role in the offense.
Room: River
Speakers:
- L. Russell "Rusty" Burress
Principal Training Advisor, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Raquel Wilson, Esq.
Acting Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
JUDGE'S WORKING LUNCH
BREAK
12:00 p.m. - 1:30 p.m.
CONCURRENT SESSIONS
1:30 p.m. - 3:00 p.m.
PROBATION OFFICERS FORUM
This forum is designed to discuss issues of particular interest to probation officers. This session will discuss presentence reports, sentencing hearings and the role of probation.
Room: Grand Salon C & D
Speakers:
- John Bendzunas
Supervisory Probation Officer
United States Probation Office
District of Vermont
Burlington, VT - Richard Bohlken
Assistant Deputy Chief Probation Officer
United States Probation Office
District of New Mexico
Albuquerque, NM - Rick Holloway
Sentencing Guideline Specialist
United States Probation Office
District of South Dakota
Rapid City, SD
Materials:
JUDGES FORUM
At the judges forum, trainers and Commissioners will field judges' questions on sentencing issues, and will also address plea/charge bargaining as it relates to sentencing, how the factual basis of a guilty plea relates to facts the judge may find at sentencing, and other procedural issues related to conviction and sentencing, including relevant and acquitted conduct and application of the safety valve at sentencing.
Room: River
Speakers:
- L. Russell "Rusty" Burress
Principal Training Advisor, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Alan Dorhoffer, Esq.
Deputy Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC - Raquel Wilson, Esq.
Acting Director, Office of Education and Sentencing Practice
United States Sentencing Commission
Washington, DC
Materials:
CIRCUIT STAFF ATTORNEY/LAW CLERK FORUM
This forum is designed to focus on sentencing issues that impact circuit staff attorneys and law clerks.
Room: Kabacoff
Speakers:
- John Baker, Esq.
Law Clerk - Career
United States District Court
Southern District of Texas
McAllen, TX - Christie Quick, Esq.
Supervisory Staff Attorney
United States District Court
Fifth Circuit
New Orleans, LA
Materials:
ETHICS
This panel will involve an overview of principles of legal ethics generally applicable to criminal cases (for both prosecutors and defense counsel); a discussion of the application of such principles to federal sentencing in particular; and a discussion (with audience participation) based on several scenarios raising ethical issues related specifically to sentencing.
Room: Quarterdeck A-C
Speakers:
- Mitch Neurock, Esq.
Assistant United States Attorney
United States Attorney's Office
Southern District of Texas
Houston, TX - H. Michael Sokolow, Esq.
First Assistant Federal Public Defender
Office of the Federal Public Defender
Southern District of Texas
Houston, TX - Moderator: Brent Newton, Esq.
Deputy Staff Director
United States Sentencing Commission
Washington, DC
Materials: