By Zachary Margulis-Ohnuma The Supreme Court has been busy lately fine-tuning the law on search-and-seizure, assistance of counsel and post-conviction procedures. Here’s a super-quick rundown of the holdings from the past couple of weeks — and one or two biased comments.
Crime and Technology
Do the Sentencing Guidelines Matter? The Commission Weighs In
BY ZACHARY MARGULIS-OHNUMA Since the Supreme Court made the federal Sentencing Guidelines advisory and not mandatory on courts in 2005 in U.S. v. Booker, judges have struggled with how much weight to give the Guidelines in particular cases. Different judges have reached different results in different circumstances. Some well-formulated Guidelines command respect, and are frequently …
“The drug trafficking offense guideline was born broken”
By Zachary Margulis-Ohnuma Judge John Gleeson of the Eastern District of New York has written a scathing opinion criticizing the U.S. Sentencing Guidelines approach to drug trafficking offenses. The Guidelines for heroin, cocaine and crack are, in short, unjustifiably high and “structurally flawed.” Judge Gleeson explains: “The flaw is simply stated: the Guidelines ranges for …
Congress Quietly Increases Child Pornography Penalties
By Zachary Margulis-Ohnuma Late last year, President Obama quietly signed into law the Child Protection Act of 2012 (“CPA”). Primarily publicized as a piece of anti-trafficking legislation, the CPA has serious sentencing consequences for federal defendants accused of child pornography offenses. Under the CPA, some defendants convicted of possessing or accessing child pornography depicting young …