Ellingburg Archives - Sentencing Stats

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BOP Closing of 5 Institutions will have Massive Implications Across the Country

Posted on July 3, 2026July 3, 2026 by Darren Kramer

On July 1, 2026, the U.S. Bureau of Prisons—the nation’s largest prison system—announced that it will be closing five of its currently-operating institutions in order “to address decades of deferred maintenance and extreme staffing challenges.” (It also announced that it was closing Taft FCI, which already has been shuttered since 2020). As this round of closures

Challenging Restitution Orders After Supreme Court Decision

Posted on January 27, 2026January 27, 2026 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.