Sentencing Case Materials

Missouri v. Frye and Lafler v. Cooper, U.S. Supreme Court decisions holding that criminal defendants have a Sixth Amendment right to effective assistance of counsel during plea negotiations, including when they miss out on, or reject, plea bargains because of bad legal advice.  Related resources:

Southern Union Company v. U.S., pending U.S. Supreme Court case examining the roles of jury and judge in setting corporate fines.  Related resources:

U.S. v. Adelson, S.D.N.Y., Sentencing Memorandum of Judge Rakoff supporting the non-guideline sentence in a securities fraud case and criticizing the guidelines (July 2006)

U.S. v. Au Optronics Corportation, et al. (AUO), N.D. Cal., Order concluding that the Apprendi applies to the Alternate Fines Act and corporate fines require jury determination (July 2011)

U.S. v. James B. Client, Sentencing Memorandum on Behalf of James B. Client (sample sentencing memo) 

U.S. v. Engle, Fourth Circuit Opinion rejected four year probation sentence as substantively unreasonable in tax evasion case (January 2010)     

U.S. v. Fuchs, Seventh Circuit Opinion rejecting application of the abuse of trust enhancement under U.S.S.G. 3B1.3 (March 2011)

U.S. v. Parris, E.D.N.Y., Sentencing Memorandum of Judge Block supporting a significant downward departure in a securities fraud case and criticizing the guidelines (June 2008)

U.S. v. Nacchio, Tenth Circuit Opinion reversing and remanding the District Court’s loss calculation in an insider trading case (July 2009)   

U.S. v. Stephanian and U.S. v. Ter-Esayan, First Circuit opinions in credit and debit card fraud cases that acknowledge the circuit split on whether card holders, who were temporarily deprived of funds, suffered “actual pecuniary harm” for the purpose of calculating a sentencing enhancement, and uphold the enhancement application (June 2009)   

U.S. v. Tomko, Third Circuit En Banc Opinion upholding a sentence of probation, which was a downward variance based upon Gall, in a tax evasion case (April 2009) and NACDL Amicus Brief in Support of Appellee Tomko 

U.S. v. Thurston, First Circuit affirms a 3-month sentence, which was a downward variance based upon Gall, in a medicare fraud case (October 2008)


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