Federal Sentencing Guidelines

What will they do to Ken Lay? Give him life plus cancer?

That’s from Jeralyn Merritt, on July 13, 2005, the first known use of the phrase “life plus cancer”*. Her question was not as macabre as it sounds now, since we know that Lay met an untimely death, some guess by suicide, in between his own conviction and sentencing date. No, she was commenting on the 25 year sentence that had just been handed out to Bernie Ebbers, and asking how much Lay would get, since the amount of his fraud dwarfed Bernie’s.

Jeralyn is credited with coming up with the question, what are they gonna do… give him life plus cancer? Greenfield often uses the life plus cancer conceit in discussing proportionality of and disparity between sentences, especially white collar or other non violent crimes. How much is enough? If Mr. X gets 10 years, and Mr. Y’s crime is 4 times as bad mathematically, shouldn’t Mr. Y get 40?


Continue Reading No “Life Plus Cancer” In The Federal System

Sometimes, OK, I admit it, sometimes late at night I stalk other defense lawyers on PACER

PACER is an acronym for Public Access to Court Records Online, and it provides electronic internet access to pleadings and motions that aren’t sealed in federal cases; my interest being in federal criminal (rather than civil) cases.


Continue Reading “Onions”

Brian Williams had a scare piece on NBC Nightly News last night about the current ‘debate’ at the U.S. Sentencing Commission regarding making the new Federal Sentencing Guidelines for crack cocaine retroactive. (Apologies: the only link I could find to the piece forces you to watch a 15 to 30 second commercial first.)

Williams starts

From today’s New York Times article “Rules Lower Prison Terms in Sentences for Crack”:

Crack cocaine offenders will receive shorter prison sentences under more lenient federal sentencing guidelines that went into effect yesterday.

The United States Sentencing Commission, a government panel that recommends appropriate federal prison terms, estimated that the new guidelines would