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Full-Text Articles in Law
The Myth Of The All-Powerful Federal Prosecutor At Sentencing, Adam M. Gershowitz
The Myth Of The All-Powerful Federal Prosecutor At Sentencing, Adam M. Gershowitz
Faculty Publications
Relying on a dataset I assembled of 130 doctors prosecuted for illegal opioid distribution between 2015 and 2019, this Article shows that judges rejected federal prosecutors’ sentencing recommendations over two-thirds of the time. Put differently, prosecutors lost much more often than they prevailed at sentencing. And judges often rejected the prosecutors’ sentencing positions by dramatic margins. In 23% of cases, judges imposed a sentence that was half or even less than half of what prosecutors recommended. In 45% of cases, judges imposed a sentence that was at least one-third lower than what prosecutors requested. In short, prosecutors lost most of …
Taking The Second Step: Section 924(C) Sentencing Disparities As An Extraordinary And Compelling Reason For Compassionate Release, Olivia Williams
Taking The Second Step: Section 924(C) Sentencing Disparities As An Extraordinary And Compelling Reason For Compassionate Release, Olivia Williams
William & Mary Law Review Online
This Note argues that courts are empowered to, and should, grant compassionate release based solely on the sentencing disparities created by the First Step Act -- specifically, the significant changes to § 924(c)'s sentencing scheme. [...] Part I of this Note provides background on the two relevant sections of the First Step Act: changes to the compassionate release process and changes to the § 924(c) sentencing scheme. Part II examines recent district court opinions addressing § 924(c) sentencing disparities as "extraordinary and compelling reasons" for reduced sentences. Part III argues that courts are empowered to grant compassionate release to inmates …