The Champion

May 2010 , Page 42 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Fighting for Downward Sentencing Variances For White Collar Defendants: Useful Post-Booker and Post-Gall Trends

By Matthew Newcomer

Today’s white collar criminal defense attorney will appear with clients before a sentencing judge that, for better or for worse, has more substantive discretion than she did before the Supreme Court’s decisions in United States v. Booker1 and Gall v. United States.2 Since these landmark rulings, much has been written about the danger that the “new sentencing regime” is leading to sentencing disparities and inequities that, as one circuit court judge recently complained, “can be explained by little more than the identities of the sentencing judges.”3 Notwithstanding the need for meaningful reform of draconian Sentencing Guidelines, defense counsel is constrained to work within the existing system to obtain the best sentence possible for the client.

This article highlights a number of successful, post-Booker arguments that have been used to obtain below-Guidelines sentences for white collar criminal defendants, and that have withstood appellate scrutiny post-Gall. Although these arguments

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad