Applying A Sophisticated Means Sentencing Enhancement

Law360, New York (September 20, 2011, 12:34 PM EDT) -- While federal courts have discretion to deviate from the advisory U.S. Federal Sentencing Guidelines, the U.S. Supreme Court has instructed district courts to begin all sentencing proceedings by correctly calculating the applicable guideline range.[1] Even though a downward variance is possible in certain cases, many courts are reluctant to sentence outside the applicable range in most cases.

As a result, white collar criminal defendants are often faced with a myriad of potential offense-level enhancements and adjustments under the guidelines, which can substantially increase their sentences. In...
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