Criminal Case, Dr. M Blatstein's Blog, Preparation, Sentence Mitigation, White-Collar

2026 PROPOSED AMENDMENT SENTENCING TABLE

Doug Passion, Set For Sentencing

Ep. 130: What’s Crackin’ at the Sentencing Commission – Bombshell New Fed. Sentencing Proposals

 

MY OVERALL UNDERSTANDING OF THEIR (GREAT) VIDEO.

I. The Supreme Court Rule: Tariffs are a Tax

  • This Case Was Not About Taxes, It Was About Power.
  • The President Has To Go To Congress First.
  • He’s not a king.

k

II. THE GUIDELINES: THE BEGINNING

40 Years ago Before The Guidelines: 75%+ Non-Violent Offenders received Probation
Since Guidelines: 90% go to Prison

L

When Congress created the Sentencing Reform Act of 1986

  • First time Non-Violent Sentenced to Probation or a Diversion Sentence.
  • When Prison is needed, ensure that the BOP has enough bed space.
  • 2023: Non-violent first-time offenders receive a zero-point offender adjustment. With Zero Criminal History Points, there’s a 2-point lower adjustment.

k

Zones: 2026 Proposed Amendment Sentence Table

History has shown that Judges Follow the Guidelines (Zones).

Questions and Answers

  • The Odds of this passing: GOOD (in some form).
  • Will this be RETROACTIVE? (not likely, but Compassionate Release Chances Increase).
  • Will Judges elect to follow the new guidelines? How persuasive is your counsel if this is accepted?

Zone A: Offense Level 1-8

  • This was to be used only for probation – almost Never Happens.
  • Options could have been: Fines, Home Confinement, Community Confinement, intermittent confinement where you just you have to spend your weekends in the local jail, or split sentences.

(NEW) Zone B: Offense Level 9-23, and is now much larger.

  • Presumption: Probation
  • They estimate that 6,500 defendants sentenced under this chart (in 2024) would now be in zone B.
  • Minimum Security facilities make up the bulk of the Bureau of Prisons, or approximately 181.
  • Of the 67 current Minimum Camps, 9 are at or over 199% capacity, with 2 set to close this year.
  • Saving $170 million, just for economic offenders.
  • $43,000 a year is the cost to house an inmate.
  • It costs several dollars a day to monitor somebody on home confinement.

(NEW) Zone C: Offense Level 24-29

  • Split sentences where one half is served in prison, the other half at Home or RRC/HH.

(NEW) Zone D: Offense Level 30+

  • Your whole sentence is (mostly) served in prison