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Federal Sentencing in the Age of Booker




Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

The U.S. Supreme Court's decision in United States v. Booker in January 2005 fundamentally changed the practice of federal sentencing in criminal cases. In that landmark decision, the Supreme Court found that mandatory application of the U.S. Sentencing Guidelines was unconstitutional, yet preserved their place in the sentencing process. Judges must now consult the Guidelines, although the Guidelines are only "advisory" rather than mandatory, raising a host of legal, strategic and ethical issues for all practitioners.

This panel will discuss federal sentencing in the post-Booker era, from the new fundamentals to the cutting edge strategies counsel can now employ given the greater flexibility under the law. The panel includes leaders from the federal bench, prosecution and defense. The panel will address the evolving legal standards governing the appeal of federal sentences. Panelists will also discuss the power of district courts to consider sentencing policies, such as the disparity between crack and powder cocaine mandated by Congress, and the interplay of loss calculation and restitution in white-collar cases.

This program was recorded on April 3rd, 2008.

Provided By: New York City Bar

  • Welcome, Introduction and Overview
  • Caselaw Developments in the Supreme Court and Second Circuit
  • Guideline Amendments and the Crack-Powder Cocaine Discrepancy
  • Sentencing and Sentencing Guidelines Considerations in Plea Bargaining
  • Loss Calculations and Restitution in the Age of Booker
  • Policy-Based Sentencing After Kimbrough v. United States
  • Sentencing Advocacy After Booker

    This program was recorded on April 3rd, 2008.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

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    Panelist Biographies


    Law Offices of Harlan J. Protass, PLLC

    Hon. Gerard Hon. Gerard

    United States District Judge
    Southern District of New York

    Hon. John Gleeson

    United States District Judge
    US District Court EDNY

    Judge John Gleeson went to college at Georgetown University and received his law degree in 1980 from the University of Virginia School of Law. After law school, Judge Gleeson served as a law clerk for the Hon. Boyce F. Martin, Jr., United States Circuit Judge in the Sixth Circuit, in Louisville, Kentucky. From 1981 to 1985, he was a litigation associate at Cravath, Swaine & Moore in New York City. Judge Gleeson was an Assistant United States Attorney in the Eastern District of New York from 1985 to 1994. He served as Chief of Appeals, Chief of Special Prosecutions, Chief of Organized Crime, and Chief of the Criminal Division, the position he occupied when he was appointed to the bench. In 1992, Judge Gleeson was awarded the Attorney General's Distinguished Service Award for his work as lead prosecutor in the case United States v. John Gotti, et al. Judge Gleeson was appointed as a United States District Judge on September 28,1994, and sits in the Eastern District courthouse on Cadman Plaza in Brooklyn Heights. Judge Gleeson is an author of the treatise Federal Criminal Practice: A Second Circuit
    Handbook, LexisNexis (13th Edition 2013) (with Gordon Mehler and David C. James), and of the following articles: "The Sentencing Commission and Prosecutorial Discretion: The Role of
    Courts in Policing Sentence Bargains," 36 Hofstra Law Review 639 (2008); "Supervising Federal Capital Punishment: Why The Attorney General Should Defer When U.S. Attorneys Recommend Against The Death Penalty," 89 Virginia Law Review 1697 (2003); "Supervising Criminal Investigations: The Proper Scope of the Supervisory Power of Federal Judges," 5 Journal of Law and Social Policy 423 (1997); “Sentence Bargaining Under the Guidelines," 8 Federal Sentencing Reporter 6 (1996); and "The Federalization of Organized Crime: The Advantages of Federal Prosecution," 46 Hastings Law Journal 1095 (1995) (with John C. Jeffries, Jr.). Judge Gleeson is an Adjunct Professor of Law at New York University School of Law, where he teaches courses in Complex Federal Investigations and Sentencing. He has also taught at Brooklyn Law School. In the spring of 1994, Judge Gleeson served as the John A. Ewald, Jr., Distinguished Visiting Professor of Law at the University Of Virginia School Of Law. From 1999 to 2008, Judge Gleeson was a member of the Defender Services Committee of the Judicial Conference of the United States, and he served as Chair of the Committee from 2005
    to 2008.


    Assistant Federal Defender
    Federal Defenders of New York


    Deputy Assistant Attorney General, Criminal Division
    U.S. Department of Justice

    Greg Andres has served as a Deputy Assistant Attorney General in the Criminal Division at the Department of Justice since early 2010. In that capacity, he supervises the Fraud Section, the Appellate Section, the Capital Case Unit and the Organized Crime and Racketeering Section. He joined the Division on detail from the United States Attorney's Office for the Eastern District of New York, where he has been as an Assistant United States Attorney (AUSA) since 1999 and where he served in a variety of supervisory positions including Chief of the Criminal Division. Mr. Andres has been involved in several high profile prosecutions involving organized crime, terrorism and securities fraud, among other offenses. He recently served as the lead prosecutor in United States v. Eric Butler, among the most significant federal prosecutions resulting from the collapse of the subprime and auction rates securities markets. Mr. Andres graduated from the University of Notre Dame in 1989 and the University of Chicago Law School in 1995, where he was a member of the University of Chicago Law Review. He has clerked for two federal judges: Honorable Judge Morton A. Brody on the United States District Court for the District of Maine and later for the Honorable Robert R. Beezer on the United States Court of Appeals for the Ninth Circuit. From 1997 to 1999, Mr. Andres served as a litigation associate at the law firm of Davis Polk & Wardwell. Prior to law school, Mr. Andres served as a Peace Corps Volunteer in Benin, West Africa. Mr. Andres is the recipient of three Director's Awards from the Department of Justice (2003, 2005 and 2010), and the Attorney General's Award for Distinguished Service (2008). In 2005, he was awarded the Henry L. Stimson Medal by New York County Bar Association and named in the National Law Journal's "40 Under 40" as one of the top 40 attorneys in the United States under the age of 40.

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    Federal Sentencing in the Age of Booker



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