A Look ahead: Sentencing Developments for 2026

There were big changes in federal sentencing in 2025, and more on the horizon for 2026.  So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com. 

IN THIS EPISODE:

• Doug's Tequila of choice:  G4 (Which symbolizes the 4 pt. spread in the IU/OHIO state game)( https://g4tequilas.com/)
• New home for Prof. Berman's legendary blog: https://sentencinglawandpolicy.wordpress.com/
• Quick recap of big 2025 guideline amendments;
• Tips on seeking early termination of Supervised Release under new guideline;
• The work ahead for the commission, and whether they will have a quorum;
• Berman's predictions on how the elimination of departures will play out moving forward;
• Proposed changes to the fraud guidelines, including loss table;
• The current pardon situation & how to use it to achieve better sentencing outcomes;
• New proposed guideline "specific offense characteristics" & post-offense rehabilitation;
• Predictions for new proposed guideline amendments;
• Compassionate release limitations may be on the horizon;
• Pending S.Ct. case on plea agreement appeal waivers.

 

LINKS:  

Berman's Blog:  If you haven't been receiving those great emails from Prof. Doug Berman's sentencing Blog, it's because it moved.  His old platform shut down without warning, taking his subscriber base with it.  So PLEASE sign up (or sign BACK up) to Berman's blog at his new home:  https://www.sentencinglawandpolicy.com/

 

Mark Allenbaughs Washington Post article about his stats work for 1/6 pardons:   https://wapo.st/45dDz1R

 

Drugs on the Docket Podcast ( Drug Enforcement and Policy Center (DEPC) at The Ohio State University):  https://moritzlaw.osu.edu/faculty-and-research/drug-enforcement-and-policy-center/depc-education/drugs-on-the-docket-podcast

 

A Second Chance:  A Federal Judge Decides Who Deserves It: https://a.co/d/2dmE9bb