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Dan Hansmeier
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Judicial Coefficients
Prologue: So we are working on a statistical instrument to measure
different plea bargaining strategies. The following is an email thread
discussing our approach. Dan Hansmeier, Carl Folsom, Melody Evans, and myself
(Kirk Redmond) are quoted. The names of J...

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Sex and Commerce
It is common knowledge that the courts allow Congress to regulate noncommercial activity via its Commerce Clause authority. And this is so despite two Supreme Court decisions  reigning in that power with respect to gun-free school zones and violence against...

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Beyond a Traffic Stop
The Supreme Court recently made clear that an officer cannot extend a traffic stop without additional reasonable suspicion (or consent, as always). The case, Rodriguez v. United States , is a nice win for the simple fact that any Fourth Amendment win is a n...

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Unwarranted Diparity
In 2014, disparity became the rule in Kansas. At least, if
one measures disparity by adherence to the sentencing guidelines. In 2014, 37.3% of clients were sentenced within the guideline range. One could certainly argue
that Government agreements to a two-l...

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Rule 410 Waivers
Federal Rule of Criminal Procedure 410 generally prohibits the introduction at trial of a guilty plea, statements made during a guilty-plea proceeding, or statements made during the negotiation of a guilty plea, where the defendant ultimately did not plead ...

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Trust Us, Do Not Advertise Child Pornography
The Tenth published United States v. Franklin a few days ago. If you doubted the concept of a "trial tax" within the federal criminal justice system, this decision might change your mind. The case involves child pornography. The Giga Tribe version (one of m...

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(Very Nearly) 6 out of 10 Federal Judges Agree: Chapter Seven Stinks
We wrote yesterday about the problems inherent in the supervised release guideline. Dan has
covered similar topics again and again .
You know who agrees with us? Federal district court Judges. In a survey released a few months ago, the Sentencing Commission...

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An Unapologetic Lack of Empiricism: Chapter 7 of the Guidelines
First Assistant Federal Defender Kirk Redmond -- Chapter Seven of the Guidelines governs supervised release
violations. But the sentencing ranges prescribed by this chapter are utterly
bereft of empirical analysis. A long time ago, the Commission threw dart...

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Mistakes of Law Post-Heien
"It has been held from the earliest days, in both the Federal and state courts, that a mistake of law , pure and simple, without the addition of any circumstances of fraud or misrepresentation, constitutes no basis for relief at law or in equity, and forms ...

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Mistakes of Law Post-Heien
"It has been held from the earliest days, in both the Federal and state courts, that a mistake of law , pure and simple, without the addition of any circumstances of fraud or misrepresentation, constitutes no basis for relief at law or in equity, and forms ...
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