Sentencing Practice Talk, a Podcast Series
Brought to you by the Office of Education & Sentencing Practice, Sentencing Practice Talk is a podcast series designed to inform those interested in federal sentencing on guideline application issues. Topics range from frequently asked questions on the HelpLine, to sentencing practice tips, to recent case law developments. The information presented is intended to aid those involved in federal sentencing in the proper application of the guidelines and relevant case law. It does not represent the official position of the Commission and should not be cited as such. Listeners are advised to conduct their own independent research.
List of Episodes
- Ep. 1: Revocations & Criminal History Points
- Ep. 2: Base Offense Level for "Conspiracy" Offense
- Ep. 3: Relevant Conduct in Child Pornography Offenses
- Ep. 4: Grouping of Multiple Counts
- Ep. 5: Grouping Drugs, Robbery, & Burglary
- Ep. 6: Grouping in Child Pornography Production Cases
- Ep. 7: Undischarged Terms of Imprisonment
- Ep. 8: Base Offense Level 6 or 7 in U.S.S.G §2B1.1?
- Ep. 9: Money Laundering & Safety Valve
- Ep. 10: Multiple Revocations & Criminal History Points
- Ep. 11: More Grouping in Child Pornography Production Cases
- Ep. 12: What is a "Stipulation" as Defined in §1B1.2?
- Ep. 13: 18 U.S.C. § 924(c) and Weapons Enhancements
- Ep. 14: Determining Loss in a “Black Money” Scheme
- Ep. 15: Drug Conspiracy That Results in More than One Death
- Ep. 16: Impact of Revocations on Career Offender Status
- Ep. 17: "Aggravating Role" in a Misprision of a Felony Case
- Ep. 18: "Official Victim" in an Aggravated Assault Case
Episode 1: Revocations & Criminal History Points
Revocations can have a significant impact on criminal history scores. Learn how a revocation sentence can increase criminal history points and expand the time frame for calculating prior sentences. (Published September 2018)
Episode 2: Base Offense Level for "Conspiracy" Offense
What do the guidelines mean when they say “convicted of” a certain offense? Does that cover a conspiracy offense? Using a conviction under 18 U.S.C. § 1594(c) as an example, we will explain how to determine the base offense level under U.S.S.G §2G1.3. (Published September 2018)
Episode 3: Relevant Conduct Principles in Child Pornography Offenses
In child pornography offenses, there are different relevant conduct principles depending on the offense of conviction. This podcast will review how relevant conduct operates for these offenses. (Published September 2018)
Episode 5: Grouping Drugs, Robbery, & Burglary
This podcast will cover grouping under U.S.S.G §3D1.2(c) using an example from a real helpline call involving drugs, a robbery, and burglary. (Published September 2018)
Episode 7: Undischarged Terms of Imprisonment
Undischarged terms of imprisonment can impact the way the court imposes a sentence. Learn how §5G1.3 operates as well as certain things to be mindful of. (Published September 2018)
Episode 9: Money Laundering & Safety Valve
This podcast will review the application of the money laundering guideline, using an example in which the underlying offense is a drug trafficking offense and the defendant is safety-valve eligible. (Published September 2018)
Episode 10: The interplay of multiple revocations on criminal history scores
Do you have a defendant with multiple revocations on a prior sentence? How does this impact the scoring of criminal history points? Tune in to learn what Chapter Four says concerning multiple revocations. (Published December 2018)
Episode 11: More grouping in Child Pornography Production cases
Can you group counts involving the same victim? Using the Multiple Counts Decision Tree, we will discuss how multiple counts involving the same victim will group. (Published December 2018)
Episode 12: What is a "stipulation" as defined in §1B1.2(a) and (c)?
Stipulations should not be a surprise! You can’t stumble your way into a stipulation. This podcast will discuss what the guidelines say about when and how to calculate the guidelines when there is a stipulation to other offenses. (Published December 2018)
Episode 13: What is the effect of 18 U.S.C. § 924(c) on weapons enhancements?
When the defendant is convicted of using or possessing a firearm in furtherance of an underlying offense, the underlying offense itself, and felon in possession of a firearm, what do the guidelines say about applying weapons enhancements in Chapter Two and about grouping? (Published December 2018)
Episode 14: How do you determine loss in a “black money” scheme?
What is “black money” and how do you calculate loss in a “black money” scheme? This podcast will discuss the details of this interesting counterfeit scheme. (Published December 2018)
Episode 15: What's the guideline in a drug conspiracy case that resulted in more than one death?
With the rise of fentanyl-laced substances on the market, more and more drug conspiracies involve multiple deaths. Is there a way to account for this conduct in the application of §2D1.1? (Published December 2018)
Episode 17: The "Aggravating Role" adjustment in misprision of a felony case
Can a defendant convicted of misprision of a felony get an Aggravating Role Adjustment? Tune in to find out. (Published December 2018)
Episode 18: "Official Victim" in an Aggravated Assault Case
This podcast will discuss the interplay between the application of §2A2.2 (Aggravated Assault) and the Chapter Three Adjustment for Official Victim (§3A1.2) based on an unusual set of facts involving a road rage incident. (Published December 2018)