JDO Sentencing Consultants

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11/07/2025

A reminder that the new guidelines are in effect. No more departures, only variances; and supervised release protocols are much more favorable so they are effective immediately.

10/17/2025

Over the years, I’ve noticed two distinctly different approaches by criminals to evade punishment. Most lie incessantly to avoid admission of guilt until the evidence is overwhelming, and then continue to deny responsibility by blaming the victim, their parents, their abuser, the police and/or the prosecutor. But other criminals have learned that accepting responsibility quickly and cooperating up front serves to significantly lessen the ultimate sentence, and is an effective strategy in mitigating harm. Interestingly, this type of criminal may be more entrenched in the criminal lifestyle than the others. A track record of early admission and cooperation may be signs of a career criminal.

10/12/2025

The November 1,2025 Sentencing Guidelines Manual will contain information about the brain development in adolescent males that will be of benefit to attorneys in state court also.

09/11/2025

If you have had an ACCA case in the 10th Circuit, and that defendant is still in federal prison, it’s likely it is an illegal sentence based on Erlinger, a 2024 Supreme Court case. Nobody is working to identify these defendants, so if you have one, dig into it.

08/25/2025

Since 1992, ACCA sentencing in the 10th Circuit has been treated as a sentencing factor that could be determined by the Court by a preponderance standard. That approach was rejected in Erlinger v US, 602 US 821 (2024). I bet we have a boatload of prisoners who likely qualify for resentencing because they were never charged with the three priors.

08/20/2025

I’m at the Sentencing Commission National seminar in SLC. How I wish all my defense attorney friends could be here. In the criminal history section, there were three questions that more than half the probation officers recorded the wrong answer, and 70% wrong on two of them. It’s been this way since i started in 1991. If you don’t know the answer yourself, you’ll never know if they are wrong.

02/26/2025

U.S. v Davis came out today in the Tenth Circuit, and adult MIP was found to be similar to the juvenile status offense of MIP and therefore uncountable. No citation yet but the number is 24-5018.

01/23/2025

If you have a plea agreement in federal court pending and it’s favorable, sign it now. It’s back to most serious readily provable.

01/03/2025

If you have a defendant attending inpatient treatment while in pretrial status, most programs require clients to write autobiographies about how they got into addiction. Many times, these narratives make powerful mitigation arguments so be sure to have your client share their autobiography with you.

12/20/2024

Per US v Wilson, 503 US 329, 333-34 (1992), the Supreme Court determined that a US District Court does not have jurisdiction to award presentence custody credit. I recently saw a judgment in US District Court in Wyoming that awarded credit. That language will be ignored by BOP. Don’t let your clients be deceived.

12/06/2024

Just saw that the minimum security camp at Englewood is closing and all inmates are being relocated due to infrastructure issues.

11/23/2024

2024 Guideline Manuals are available now from GPO. $30.

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Cheyenne, WY

Telephone

+13076319765

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