Set For Sentencing
Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives. Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing. My passion is helping lawyers and clients craft their most compelling sentencing narratives. So, I was inspired to create this new podcast drawing on my 25+ years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting...
Episodes
White Collar Support with Jeff Grant, Esq.
To quote the great Rocky Balboa, "it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward." That sums up the incredible journey of attorney Jeff Grant, founder of White Collar Support and organizer of th…
Maxwell's Silver Hammer (PART II): Transfer to Minimum Camp & Sentencing Post Mortem
In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp. Then, we resume with Mark Allenbaugh of sentencingsta…
Maxwell's Silver Hammer: Part I
The saga of Jeffrey Epstein is ongoing and ever-present in the news. And there are powerful lessons to be learned. But the talking heads are mostly just spinning their wheels. So, if you're seeking some straight talk and inside scoop abo…
Holding Court with Judge Nancy Gertner!
An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack. Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. And, whe…
For My Enemies, the Law: The Return of Kilmar Abrego-Garcia
The Trump administration stated that Kilmar Abrego-Garcia would never return to US soil. But they just back-tracked and brought him back. Unfortunately he now faces federal prosecution under a new indictment for conspiracy and alien smugg…
Due Process Denied (PART II): Kilmar Abrego-Garcia and the "Great Replacement"
In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy. The underlying animating force of these policies, openly stated by Tom Homan during a white house pre…
Due Process Denied: Kilmar Abrego-Garcia (PART ONE)
America might have moved on from Kilmar Abrego-Garcia, but we have not. So, ask yourself: What happens when the U.S. government indefinitely sentences someone to a foreign prison without any due process and no one stops them? In this episo…
George Santos Sentencing Post-Mortem
On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the prob…
Seismic Shift: Big Changes to the Sentencing Guidelines & the Country
Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the de…
Reign of Terror: Tesla, Luigi Mangione, & Beyond
I'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, "On Tyranny", Timothy Snyder warns: "Listen for dangerous…
Anchor's Aweigh: New Policies and New Proposed Guidelines Find Us Unmoored in 2025
I call this episode “Anchor’s Aweigh” for two reasons.  First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded “anchoring effect” of the draconian and deeply dysfunct…
The Truth About Restitution in Federal Criminal Cases with Ashley Adams, Esq.
Restitution is often imposed to compensate crime victims for their losses. Done correctly, it can help victims recover and allow offenders to move on after serving their sentence. However, defense attorneys sometimes overlook restitution is…
The Truth About the Presidential Pardon Power With Margaret Love & Mark Allenbaugh
It’s January 2025, and we’re in the final days of the Biden administration. He has had a busy last month or so issuing pardons and commutations.  This unfettered power is rightly scrutinized but often misunderstood. The bigger problem is…
2024 United States Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre
On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts…
BOP Programming With Dr. Alix McLearen
We’ve spent a lot of time running down the BOP, and not without good cause, BUT we don’t give as much attention as we should to the positive things happening inside those walls. Lawyers need to learn about and advocate for beneficial progr…
The Future of Federal Fraud with Mark Allenbaugh
We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients. And keeping abreast of all major developments in the law is paramount to a successful legal practice. But there’s one thing every …
The Why of the Where: Mitigation Geo-Narratives with Dr. Julie Urbanik
Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client's lif…
Mitigation Films: Harnessing the Power of Visual Narrative to Humanize our Clients
I can’t think of a better topic for our 100th episode of Set For Sentencing – the topic that is so near and dear to my heart – MITIGATION FILMMAKING! Mitigation films are arguably the most powerful and persuasive weapon in our advocacy arse…
The BOP Horror Show & What We Can Do About It
It's not even October yet, but this episode feels tailor made for Halloween. It's no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing. And the stories of deprivation and death inside the walls of the BOP abound.  …
Federal Pre-Trial Diversion With Jon May
Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person's record felony-free. And, the Biden DOJ has encouraged it's regional US Attorney offices to devise their own policies for DPAs and to be more liberal wi…
On Deaf Ears: When Sentencing Goes Wrong
It’s a gloomy night in Oklahoma City. I’m holed up in a hotel working on a capital case. But I’m in a dark place. Last week I saw a terrible injustice occur in a matter in which I was involved as a consultant. The lawyers did a fantasti…
Psychodrama at Sentencing: (PART TWO)
Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are…
Psychodrama at Sentencing (PART ONE)
Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are…
Outside the Box Defense with Investigator Justin Yentes
A good investigator can be essential to winning cases at trial or sentencing. They bring a fresh perspective and outside-the-box techniques that help lawyers better communicate the truth of their sentencing story. This week, we’re thrilled…
The First Step Act (with Walt Pavlo)
The FSA is meant to give non-violent offenders a chance to significantly reduce their term of incarceration through programming and good conduct. But, the BOP is proving to be unwilling or unable to properly implement the law.  Helping us…
Bonus YouTube Livestream: Hunter Biden Conviction - What To Expect at Sentencing and is Lawfare Really a Thing?
We went live the day after Hunter Biden was convicted in Federal Court on three firearms charges. Not only do we take a deep dive into Hunter Biden's sentencing issues, we also peel back the layers of this new-ish word permeating the lexico…
Marilyn Mosby Sentencing Post-Mortem
Marilyn Mosby, Baltimore’s former top prosecutor, made headlines for her bold actions during her tenure. She fearlessly took on the Baltimore police, charging those involved in Freddie Gray’s death, and advocated controversial positions, in…
DePape (Pelosi Attacker) Sentencing Post-Mortem
It shocked the nation when David DePape, driven by insane QAnon conspiracy theories, violently attacked Paul Pelosi, husband of former Speaker Nancy Pelosi.  A federal judge recently sentenced DePape to 30 years in prison.  With that de fa…
Pre-Sentence Reports
The pre-sentence report is arguably the most crucial sentencing document. Not only does it serve as a vital tool for judges during sentencing, but it also acts as the “bible” that the Bureau of Prisons (BOP) relies on to make critical decis…
The Artificial Lawyer: A Debate About the Usefulness of A/I in the Legal Arena
Artificial intelligence is here and it’s getting more sophisticated and more ubiquitous every day.  Indeed, the legal community seems to be largely embracing A/I with open arms. But the jury is still out whether this somewhat terrifying ne…
Trump on Trial
Today history is being made, as the first criminal trial of a former president for multiple felony allegations begins in New York. But none of the pundits seem to be talking about what happens if Trump loses at trial. Therefore, helping us …
Sam Bankman-Fried: Sentencing Post-Mortem
Last Thursday, Judge Lewis Kaplan sentenced Sam Bankman-Fried to 25 years in prison. Some think that’s an appropriate result. Some think it should have been more. But this sentence far more than necessary to meet the goals of sentencing. …
Guidelines Blues: The Commission’s Next Moves
The guidelines commission is gearing up to make their recommendations for the next round of amendments. It’s the follow-up album to their first hit record, which included memorable songs like The “Zero Point Offender Boogie”, and “Release …
When Justice Depends on It: The Need for Professional Standards for Mitigation in All Criminal Cases
Mitigation has been an integral part of death penalty defense for decades and there are minimum standards that apply in that context. When an early and thorough mitigation workup occurs, good things happen. But, many non-capital attorneys …
BOP MEANS: Back Off the Punishment: Making the Case That Judges Must Fix the BOP by Imposing Fewer and Shorter Prison Terms
The Bureau of Prisons is dysfunctional, dangerous and dehumanizing. Its failures have been well-documented recently in the press, in OIG reports, and in judicial opinions. But some judges still don't understand that they have the power and…
Indian Country: A Glimpse into Tribal and Federal Indian Criminal (In)Justice
The criminal justice system is a tool of social control. And no where is that more evident than on our nation's Indian reservations. American Indians have been the targets of the wrath of the criminal process since the day a renegade Siou…
A Child's Poison: Lead Poisoning as Sentencing Mitigation with Dr. Ted Lidsky
The government often weaves false sentencing narratives about our clients: they are born bad, uncontrollably violent, no concern for others, no respect for the law. There’s always a more truthful, powerful, and humanistic story to tell. …
Year of the Dragon: Sentencing Guideline New Year's Cheers & Jeers
What better way to start off the new year than to review some of the big guideline changes that took effect at the end of the year, and some forward looking sentencing commission proposals for changes that could be coming in 2024? We kick…
A Brief Haitus: Set For Sentencing Takin' a Break
Hey everybody. We've been dropping new episodes every week for for about 80 weeks now. It's time to sit back, relax and ride out the rest of 2023. We'll be back in full force come 2024. Until then, enjoy some old episodes, like, share, …
David DePape (Pelosi Attacker): Guidelines & Mitigation Breakdown
David DePape did something terrible, breaking into the San Franscisco home of Nancy and Paul Pelosi, attempting to Kidnap the former Speaker of the House, and savagely attacking her husband with a hammer. He was just convicted in federal c…