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Category: Uncategorized

Near Record Sentence in Tax Fraud Case

October 23, 2017 By Mark AllenbaughLeave a comment
Kansas Tax Fraud Sentence

On October 20, 2017, in a published opinion, the U.S. Court of Appeals affirmed a 51-month sentence for a defendant who was convicted by a jury of using a scheme involving the purchase of hundreds of money orders to evade taxes on income from her business.  From 2006-2016, there were 4,983 individuals sentenced under the tax

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Halfway Houses Being Cut

October 21, 2017 By Mark AllenbaughLeave a comment

Prisoners Face Uncertainty As Number Of Halfway Houses Are Cut by Carrie Johnson NPR – October 20, 2017 [Copyright 2017 NPR]… http://www.npr.org/2017/10/20/559134568/prisoners-face-uncertainty-as-number-of-halfway-houses-are-cut?sc=17&f=1003&utm_source=iosnewsapp&utm_medium=Email&utm_campaign=app

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DC Circuit Holds FOIA not Waiveable

October 20, 2017 By Mark AllenbaughLeave a comment

The DC Circuit Court of Appeals held last August that FOIA waivers in plea agreements are unenforceable as a matter of public policy. As the Court recognized, sometimes FOIA is the last best option for criminal defendants to obtain proof that their convictions or sentences are unconstitutional due to ineffective assistance of counsel. FOIA provides

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High Sentence for Attempted Online Enticement

October 17, 2017 By Mark AllenbaughLeave a comment
High Sentence Attempted Online Enticement

An Air Force base employee was sentenced to 10 years’ imprisonment on Monday, Oct. 16, 2017, after pleading guilty to attempted online enticement of a minor.  According to U.S. Sentencing Commission data, from 2006-2016 there were 466 individuals sentenced under 2G1.1 in Criminal History Category I who pleaded guilty.   The average sentence was 23

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Near Record Sentence for Texas Attorney

October 17, 2017 By Mark AllenbaughLeave a comment

A Texas attorney was convicted by a jury of engaging in an international money laundering conspiracy.  He was sentenced Monday, October 16, 2017 to 25 years imprisonment.  His female business partner was sentenced to a record 40 years.  According to U.S. Sentencing Commission data, between 2006 and 2016 there were 3,215 defendants convicted by trial

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Use Nationwide Data to Establish Unwarranted Disparity

October 13, 2017 By Mark AllenbaughLeave a comment

Section 3553(a)(6) of Title 18 of the U.S. Code provides that judges must consider “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct” when imposing sentence.  It is important for counsel to be aware that establishing unwarranted disparity among similarly situated defendants is not

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