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Sentencing Practice Talk

Author: United States Sentencing Commission

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Brought to you by the Office of Education & Sentencing Practice, Sentencing Practice Talk is a podcast series designed to inform those interested in federal sentencing on guideline application issues. Topics range from frequently asked questions on the HelpLine, to sentencing practice tips, to recent case law developments. The information presented is intended to aid those involved in federal sentencing in the proper application of the guidelines and relevant case law. It does not represent the official position of the Commission and should not be cited as such. Listeners are advised to conduct their own independent research.
70 Episodes
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Episode 36: 2025 Guideline Amendments Miniseries, Part 5 - Circuit Conflicts(Published November 18, 2025)  The 2025 Guideline Amendments Miniseries covers key amendments to the federal sentencing guidelines, effective November 1, 2025. Part five of the series examines the amendment addressing two circuit conflicts.
Episode 36: 2025 Guideline Amendments Miniseries, Part 3 - Firearms(Published November 18, 2025)  The 2025 Guideline Amendments Miniseries covers key amendments to the federal sentencing guidelines, effective November 1, 2025. Part three of the series focuses on the firearm amendment that revises §2K2.1, the primary firearms guideline, to account for offenses involving machinegun conversion devices.Miniseries:
Episode 36: 2025 Guideline Amendments Miniseries, Part 1 - Supervised Release(Published November 18, 2025)  The 2025 Guideline Amendments Miniseries covers key amendments to the federal sentencing guidelines, effective November 1, 2025. Part one of the series includes a brief overview of the amendment process and provides a detailed review of the amendment relating to supervised release.Miniseries:
Episode 36: 2025 Guideline Amendments Miniseries, Part 2 - Simplification(Published November 18, 2025)  The 2025 Guideline Amendments Miniseries covers key amendments to the federal sentencing guidelines, effective November 1, 2025. Part two of the series covers the amendment relating to simplification, specifically the removal of departures at step two of the previous three-step sentencing process.Miniseries:
Episode 35: Illegal Reentry Offenses(Published September 3, 2025)  In this episode, Lori Baker and Peter Madsen talk about immigration offenses relating to unlawfully entering or remaining in the United States. Lori and Pete highlight the important pieces of information needed to effectively apply §2L1.2 and identify existing Commission resources that might be of particular use to practitioners.
Episode 34: Stipulations(Published July 10, 2025)  In this episode, Lori Baker and Peter Madsen discuss a very popular HelpLine topic: stipulations. Lori and Pete break down what the term "stipulation" means, the impact of a plea agreement stipulation on guideline application, and some best practices for including a stipulation under §1B1.2 in a plea agreement.
Episode 33: Relevant Conduct(Published May 20, 2025)  In this episode, Lori Baker and Peter Madsen discuss a frequent issue for callers on HelpLine: relevant conduct. Lori and Peter focus on the rules for assessing jointly undertaken criminal activity, the importance of applying those rules in order, common misconceptions, and much more.
Episode 32: Cross References(Published April 2, 2025) In this episode, Lori Baker and Peter Madsen walk listeners through cross references: what they are, how to properly apply them, dealing with multi-guideline cross references, various tips and tricks for handling cross references, and much more.
Episode 31: Pseudocounts(Published March 6, 2025)  In this episode, Lori Baker and Peter Madsen talk about pseudocounts, a term of art used in guideline application. Their conversation provides guidance on the meaning of the term and describes the limited times when pseudocounts can be used.
Episode 30: Termination of Supervised Release(Published February 4, 2025)  In this episode, Lori Baker and Peter Madsen discuss the use of supervised release—an area of focus for the Commission this amendment cycle.
Episode 29: Criminal History(Published January 8, 2025)  This episode examines the 2023 amendment to the Guidelines Manual relating to criminal history. Lori and Pete cover this popular HelpLine topic, covering the changes to status points including the move from §4A1.1(d) to §4A1.1(e) and who the changes affect, the creation of a new guideline for zero-point individuals at §4C1.1, and more.Related Materials:
Episode 28: Firearms(Published December 4, 2024) This episode takes a deep dive into the 2023 amendments to the primary firearms guideline at §2K2.1. Lori and Pete break down the changes and additions to the Guidelines Manual including new offenses and increased penalties. They answer frequently asked guideline questions about proliferation of firearm switches and auto sears, and more.Related Materials:
Episode 27: 2024 Guideline Amendments Miniseries, Part 6 - Drugs Amendment and Amendment Addressing Individuals with Zero Points(Published October 31, 2024)  The 2024 Guideline Amendments Miniseries covers six key amendments to the federal sentencing guidelines, effective November 1, 2024.
Episode 27: 2024 Guideline Amendments Miniseries, Part 5 - Youthful Individuals(Published October 31, 2024)  The 2024 Guideline Amendments Miniseries covers six key amendments to the federal sentencing guidelines, effective November 1, 2024. The fifth part in this miniseries covers Amendment 829 and revisions to §5H1.1, which addresses the relevance of age in sentencing.
Episode 27: 2024 Guideline Amendments Miniseries, Part 4 - Circuit Conflicts(Published October 31, 2024)  The 2024 Guideline Amendments Miniseries covers six key amendments to the federal sentencing guidelines, effective November 1, 2024. The fourth part in this miniseries covers the amendment that covers Amendment 828, the amendment that addresses two circuit conflicts in firearm offenses.
Episode 27: 2024 Guideline Amendments Miniseries, Part 3 - Loss Calculation(Published October 31, 2024)  The 2024 Guideline Amendments Miniseries covers six key amendments to the federal sentencing guidelines, effective November 1, 2024.
Episode 27: 2024 Guideline Amendments Miniseries, Part 2 - Acquitted Conduct(Published October 31, 2024)  The 2024 Guideline Amendments Miniseries covers six key amendments to the federal sentencing guidelines, effective November 1, 2024. Part Two covers Amendment 826 excluding the use of acquitted conduct from determining the guideline range.Miniseries:
Episode 27: 2024 Guideline Amendments Miniseries, Part 1 - Overview(Published October 31, 2024)  The 2024 Guideline Amendments Miniseries covers six key amendments to the federal sentencing guidelines, effective November 1, 2024. The first part of the miniseries serves as an overview for the series and describes the amendment process in general. Miniseries:
Episode 26: Navigating the Website (Published September 4, 2024)  In this podcast episode, professionals from the Commission's Office of Education and Sentencing Practice explore the Commission's website and highlight the online resources they wish they had known about when working as probation officers.Related Materials:
Episode 25: Nuts and Bolts of the HelpLine (Published August 7, 2024)  This is the first episode in the re-launch of Sentencing Practice Talk, hosted by Lori Baker and Andrea Edgar. Sentencing Practice Talk is a series designed to inform those interested in federal sentencing or guideline application issues.
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