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Criminal

Feb. 1, 2017

Proposed Sentencing Guidelines changes show recidivism focus

Two proposed amendments will encourage judges to impose more non-prison sentences; and reducing offense levels for "first offenders."

Evan J. Davis

Principal
Hochman, Salkin, Rettig, Toscher & Perez

Phone: (310) 281-3288

Email: davis@taxlitigator.com

Evan pspent 11 years as an assistant U.S. attorney in the Central District of California, including three years in the Tax Division where he handed civil and criminal tax cases and 11 years in the Major Frauds Section of the Criminal Division where he handled white-collar, tax and other fraud cases through jury trial and appeal. He represents individuals and closely held entities in criminal tax (including foreign-account and cryptocurrency) investigations and prosecutions, civil tax controversy and litigation, sensitive issue or complex civil tax examinations and administrative tax appeals, and federal and state white-collar criminal investigations including campaign finance, FARA, money laundering, and health care fraud.

Steven R. Toscher

Hochman, Salkin, Rettig, Toscher & Perez

What factors predict recidivism? A 2016 study published by the U.S. Sentencing Commission, which annually revises the advisory (but frequently followed) federal Sentencing Guidelines, analyzed a number of factors with the stated goal being to reduce prison overcrowding and encourage "alternatives to incarceration" without sacrificing public safety. The study's findings fueled two proposed amendments tailored to meet that goal: collapsing Zones B and C of the sentencing table, which will en...

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