A pre-recorded streaming video replay of the June 2019 webcast, Essentials of Federal Sentencing, with Lessons from the Manafort Case.
Topics Covered
Federal criminal cases frequently boil down to sentencing as the government, prior to bringing federal charges, has overwhelming evidence to establish a client’s responsibility. In these circumstances, the case is often about mitigating the consequences. This course focuses on the mitigation of criminal penalties through plea negotiation, presentation of mitigation and preparing thorough positions on sentencing, and other sentencing issues such as downward variances, sentencing reductions due to a client’s substantial assistance, and client preparation for sentencing and allocution.
- Learn federal sentencing essentials from the Manafort case
- Learn and review common sentencing guideline issues in financial and drug cases
- Understand the basics of federal criminal forfeiture and restitution
- Review and receive sample positions on sentencing and other sentencing-related pleadings
Sentencing and mitigation is arguably the most critical part of federal criminal practice, as more than 95% of federal felony cases resolve with guilty pleas. In this course, Paul Manafort’s sentencings are used as a vehicle to understanding the sentencing guidelines, discussing variances, and preparing sentencing memoranda—often the most important pleading submitted in a federal case.
The sentencing memo not only presents legal argument regarding application of the advisory United States Sentencing Guidelines, but often will be the primary method for the presentation of mitigation. This is frequently undervalued and makes a significant difference –– as it did for Manafort––in the sentence a defendant receives. Mitigating factors may explain, in whole or in part, the conduct and should be considered in fashioning a fair resolution and/or sentence. Mitigating factors can include lack of prior record, work and social history, family, contributions to the community and public service, military service (including PTSD and TBI), substance abuse and/or mental health issues, childhood trauma, immaturity and/or peer pressure, financial pressure, or even heat of passion. Mitigating factors can also be presented to prosecutors prior to and during plea negotiations and probation officers that prepare pre-sentence reports (PSRs) that are filed with the court.
The course will cover the actual sentencing argument before the court, the client’s allocution, as well as sentencing reductions for substance assistance through United States Sentencing Guideline § 5K1.1 (at the time of sentencing) and Federal Rule of Criminal Procedure 35 (after sentencing). It also will cover crucial, and often overlooked, sentencing-related forfeiture and restitution issues. Finally, it will explore the critical difference between charge-based sentencing under Virginia guidelines and conduct-based sentencing under the federal guidelines.