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Focusing A Sentencing Court On Everything But Prison Time

Publisher: Law360
July 15, 2016
Day Pitney Author(s) Daniel E. Wenner

Dan Wenner authored an article, "Focusing A Sentencing Court On Everything But Prison Time," for Law360 on how to use the sentencing factors to argue against a prison sentence as the best punishment for a white collar defendant. He provides analysis of the recent decision by Senior District Judge Frederic Block of the U.S. District Court for the Eastern District of New York, who sentenced a woman convicted of importation of cocaine to probation instead of prison, reasoning that the collateral consequences she would face as a convicted felon was sufficient punishment. "White collar defense counsel will certainly seize on this case to argue for similar consideration for their clients," Wenner writes. "Unfortunately, some circuits have rejected Judge Block's arguments because they would tend to support shorter sentences in cases with defendants from privileged backgrounds."

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