Focusing A Sentencing Court On Everything But Prison Time

Law360, New York (July 15, 2016, 11:07 AM EDT) -- In the wake of the collapse of Enron, both Congress and the U.S. Sentencing Commission increased the penalties for financial crimes. The Sarbanes-Oxley Act of 2002 added new crimes and enhanced the penalties for others. Similarly, the likelihood of a prison sentence — and its length — increased for crimes funneled into § 2B1.1 of the U.S. Guidelines Manual. Increased incarceration for financial crimes came years after Congress increased the penalties for controlled-substance offenses in the Controlled Substances Penalties Amendments Act of 1984. These changes ushered an era of longer prison sentences for federal offenses.

When Chevelle Nesbeth, who was convicted...

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