Author: Mark Allenbaugh

Challenging Restitution Orders After Supreme Court Decision

By Mark Allenbaugh
ellingburg restitution is-criminal penalty supreme court

In a unanimous decision on January 20, 2026, the Supreme Court fundamentally altered the landscape of federal sentencing. By ruling in Ellingburg v. U.S. that restitution is “plainly criminal punishment,” the Court has opened the door to significant due process challenges. In this article, originally published in Law360, we explore why the “Wild West” of restitution is over and how defense counsel can use this ruling to demand jury findings and stricter evidentiary standards.

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Examining Sentencing Disparities in January 6th Cases: Insights from SentencingStats.com’s Latest Analysis

By Mark Allenbaugh

SentencingStats.com recently completed a comprehensive analysis of the sentencing outcomes for defendants involved in the January 6th incident at the U.S. Capitol. This study examines 934 defendants who were convicted and sentenced through August 12, 2024. The findings shed light on significant sentencing disparities arising from the exercise of judicial and prosecutorial discretion, highlighting critical gaps in the current legal framework.

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Federal Sentencing Commission JSIN “Judicial Sentencing Information” system and why it’s lacking

By Mark AllenbaughLeave a comment

The US Sentencing Commission created “JSIN” (sounds like “Jason”) as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines. And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate? Could these numbers help or harm defendants? IN THIS

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