Sentencing Class @ OSU Moritz College of Law

Double checking on Mini-Paper submissions and the timelines for wrapping up

I have now finally double- and triple-checked my various files to confirm my records on how many mini-papers I believe I received from each student.  All 42 of you should be able to find you names on the spreadsheet uploaded here, and therein you will find an associated number for how many papers I have in hand from you.

Download Mini paper submissions for Spring 2018

If you see what you think is an error in my accounting, please let me know before the end of next week.

Speaking of the end of next week, please remember that you need to submit a final paper or a final exam to complete the course, and that submission needs to be no later than May 10.  (I am fearful that the Registrar is unable to prevent the exam software from demanding that exam takers submit their take home answers by May 9.  I hope that does not prove to be a problem for anyone, and I should be around on May 10 in case of any potential hiccups.)

I am continuing to enjoy re-reading your mini-papers and now reading some final drafts.  I try to provide some general feedback on drafts within a few days of receipt, but that opportunity will be extinguished in the next few days.  Feel free to email me with any questions. 

Some recent posts about the Department of Justice and the US Sentencing Commission that might inspire mini-paper #4

As highlighted in previous posts,  on April 2, Zachary Bolitho, Moritz class of 2007 who now serves as Deputy Chief of Staff and Associate Deputy Attorney General to the Deputy Attorney General Rod Rosenstein, will be speaking to our class.  As repeatedly mentioned, and as shown at the end of this list of US Sentencing Commissioners, Zachary Bolitho also now serves as the designated ex officio member of the United States Sentencing Commission representing the Attorney General. 

As also repeatedly mentioned, mini-paper #4 should be a short memo addressed to ADAG Bolitho on whatever topic you would be eager to raise with him.  If looking for ideas, here are links to a few posts from my main blog highlighting news of various sorts involving the US Sentencing Commission and the US Department of Justice (and the Trump White House):

 

Regarding US Sentencing Commission:

Interesting new US Sentencing Commission analysis of possible impact of Sentencing Reform and Corrections Act of 2017

Another US Sentencing Commission public hearing on alternatives to incarceration and synthetic drugs 

Prez Trump makes (tough) nominations to US Sentencing Commission 

Lots of notable reaction to Prez Trump's nominations to the US Sentencing Commission

 

Regarding US Department of Justice:

New spending bill includes a lot more money for Justice Department to fight drug war even harder 

AG Jeff Sessions issues memo to "strongly encourage federal prosecutors ... when appropriate" to pursue "capital punishment in appropriate cases" 

Notable report of AG Sessions seeking more federal death sentences, but what about carrying out those long ago imposed? 

DOJ casting new marijuana enforcement memo in terms of "rule of law" and "local control" 

AG Sessions gives full accounting of his full law-and-order approach to his work as Attorney General

 

Regarding Trump White House:

Via executive order, Prez Trump creates new Federal Interagency Council on Crime Prevention and Improving Reentry 

Trump White House expresses opposition to sentencing reform part of SRCA of 2017

Highlights from Prez Trump's tough talk about the opioid crisis and federal response

Exploring federal sentencing realities for some local federal appellants

As mentioned in class, mini-paper #3 provides you an opportunity to explore federal sentencing realities surrounding a federal defendant of your choice. Continuing a series of posts providing suggestions about possible federal defendants you might consider examining for mini-paper #3, below are some links to some Sixth Circuit opinions all from the first two months of 2018 in cases in which a federal defendant appealed some aspect of his federal sentencing.

As we will discuss in class, before modern guideline reforms, appeals of federal sentences were very rare and very rarely successful. Now, as you can see from the list below, federal sentencing appeals are quite common (and you will have to click through to get a sense for how often successful):

United States v. Terrance Ford and Brian Williams (drug offenses resulting in imprisonment for 120 months and 180 months, respectively)

United States v. Richard Thornton and Keenan Crane and David Tatum (fraud offenses resulting in imprisonment for 136 months, 80 months, and 66 months, respectively).

United States v. Bernardo Santana (drug offenses resulting in imprisonment for 180 months)

United States v. Michael Ferguson (firearm offenses resulting in imprisonment for 105 months)

United States v. Kenneth Jozwiak (fraud offenses resulting in imprisonment for 51 months)

United States v. Anthony Sanders (drug offenses resulting in imprisonment for 60 months)

United States v. John Benchick (fraud offenses resulting in imprisonment for 110 months)

United States v. Malcolm Roberson (firearm offenses resulting in imprisonment for 41 months)

United States v. Arthur Charles Smith (armed robbery offenses resulting in imprisonment for 262 month)

United States v. James Cortelyou (sex offenses resulting in imprisonment for 157 months)

United States v. Timothy Vallier (sex offenses resulting in imprisonment for 264 months)

United States v. Donald Allen (sex offenses resulting in imprisonment for 300 months)

United States v. Velasquez Curuchiche (sex offenses resulting in imprisonment for 600 months)

Unearthing federal sentencing realities under federal defendants now before SCOTUS

As mentioned in class, mini-paper #3 provides you an opportunity to explore federal sentencing realities surrounding a federal defendant of your choice. In a series of posts, I will be providing a series of suggestions about possible federal defendants you might consider examining for mini-paper #3.

In this post, for example, I thought it worth highlighting federal defendants whose cases are currently before the Supreme Court.  Sentencing issues are the focal point for SCOTUS in some of these cases, but other matters concern SCOTUS for the first five cases listed below.  Below I have provided links to SCOTUSblog materials on cases involving federal criminal defendants now pending before the Justices, along with the sentences the defendants received according to the briefs of the US Solicitor General:

Class v. United States ("sentenced to 24 days of imprisonment, to be followed by 12 months of supervised release")

Carpenter v. United States ("sentenced ... to 1395 months in prison")

Marinello v. United States ("sentenced ... to 36 months of imprisonment, to be followed by one year of supervised release")

Byrd v. United States ("sentenced to 120 months of imprisonment, to be followed by three years of supervised release")

Dahda v. United States ("sentenced to 189 months of imprisonment, to be followed by ten years of supervised release")

----

Lagos v. United States ("sentenced petitioner to 97 months of imprisonment, to be followed by three years of supervised release, and ordered $15,970,517 in restitution")

Rosales-Mireles v. United States ("sentenced ... to 78 months of imprisonment, to be followed by three years of supervised release")

Hughes v. United States ("sentenced to 180 months of imprisonment, to be followed by five years of supervised release")

Koons v. United States ("sentenced ... to 180 months in prison, to be followed by ten years of supervised release")

Chavez-Meza v. United States ("sentenced to 135 months of imprisonment, to be followed by five years of supervised release")

Reviewing the final fulsome mini-paper opportunities

In a coming post, I will try to clarify any lingering questions students have about completing the final paper.  But as classes technically are not yet done, I want to first clarify student mini-paper opportunities/expectations.

First, to complete the course is a satisfactory manner, a student has to have submitted at least two mini-papers.  (If I have not received at least two mini-papers from a student by Dec 12, I will notify the student of the deficiency and its consequences.)

Second, every student is encouraged to earn extra credit by submitting more than the two-mini-paper minimum.  But all mini-papers need to be submitted no later than Dec 12 to receive full credit/extra credit for your work.

Third, I put forth the following three final mini-paper possibilities:

1. Reviewing Prez Obama's sentencing reform legacy
2. Recommending activities/concerns for Attorney General designee Jeff Sessions
3. Assessing the sentencing history/views of one (or more) of the 21 persons on Prez-Elect Donald Trump's SCOTUS short-list

Among the benefits/challenges of completing a mini-paper on this topics is the possibility that I may ask to publish your analysis on my main blog or maybe even in the Federal Sentencing Reporter.

Any questions?

Basic information on the methods and madness of mini-paper assignment(s)

As the Course Description noted, part of your formal work in this class is to author (at least) two “mini-papers” which will comprise up to 20% of your final grade.  (You can look through this blog's archives to see examples of the kinds of in-semester writings I have urged students to produce in previous years, though please know each year I tweak the topics and format of this class requirement.)

Absent further instructions/modifications, here is my planned approach to the mini-paper assignment this time around:  Each submitted mini-papers must be no more than four pages long (and can be MUCH shorter), and should respond to my in-class prompts that I plan to provide every few weeks.  The first prompt, for example, was (formally?) delivered today in class when I encouraged all to write up your personal "sentencing topic of interest" with a particular focus/reflection on the meta-topics we have discussed our first few weeks in class (namely theories of punishment and who sentences).

I expect to provide a new prompt for a new mini-paper every few weeks, usually right after these (Monday AM) tentative submission due dates for these mini-papers:

 • September 19 (for "topic of interest" mini-paper)

 • October 10 (for what will likely be a death penalty prompt)

 • November 7 (for what will likely be a federal sentencing prompt)

 • December 5 (for what will likely be a "SCOTUS-as-who" sentencing prompt)

As also hinted in class, one goal for this assignment is to engender additional inter-student substantive discourse; that is why, subject to any stated objections/concerns for certain submissions, I expect to distribute everyone's submitted mini-papers back to the class for all to read and consider.

Because the comments to this blog are now working, I encourage students to use the comments to ask any basic follow-up questions or to express any concerns about these assignments.  And, to be perfectly clear, though I will be providing (at least) four formal prompts for mini-paper writing, students are requires only to complete two mini-papers throughout the semester.  (But because you get this option, I will be expecting the papers to be really good, and you can earn extra credit by submitting more than the mandatory minimum number of papers.)

Final sets of mini-papers for review and reactions

Well timed for the middle of the first week of final is the last set of student mini-papers for student review:

Download Sentencing Reform

Download Sex Crimes_Offenders

Download War on Drugs

Remember that if you are looking for a great way to earn some final extra credit, say smart things about one or more of these mini-papers in the comments.

 

Still more sets of mini-papers for review and reactions

As promised (and threatened), I am now continuing to post collections of mini-papers produced by students throughout the semester.  Here are three more of the collections:

Download Marijuana Reform

Download Juries

Download Drunk driving

 

A couple more sets of mini-papers for review and reactions

As promised, I will be posting throughout this week and next the collections of mini-papers produced by students throughout the semester.  Here are two more of the collections to go along with the death penalty collection posted previously:

Download The Prison Experience

Download Child Pornography Sentencing

 

The great opportunity (and great joy) of semester review via mini-papers

Thanks to the extraordinary help of my wonderful office assistant Allyson, I now have now finally assembled more than 60 of the mini-papers submitted over the last two months into nine subject-specific collections (in pdf form) for posting here and collective review.  Huzzah!

Though all the mini-papers are a whole lot to read in one sitting (running 120+ pages), I am hopeful the subject-specific organization will enable students to review topics of particular interest in smaller chunks.  And, as I continue to re-read all the mini-papers, I find that they serve as an interesting and effective review of much of what we formally covered in class through the semester. 

I will be posting these collections in a number of separate posts (to perhaps facilitate distinct comments concerning different collections), and I will start with the big topic of the death penalty that kept us especially busy the first half of the semester:

Download Death Penalty (pdf collection runs 31 pages)