2024
Sep
11
Wednesday, September 11, 2024 - 13:00
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Unlocking the Sentencing Guidelines, A Virtual Series: Session 5 - Illegal Entry and Re-Entry Sentencing Guideline Section 2L1.2

Virtual
Time: 1:00 - 2:00 (EDT)

Unlocking the Sentencing Guidelines: A Virtual Series is a comprehensive examination of the U.S. Sentencing Guidelines. Monthly webinars will examine topics in Chapter One on relevant conduct; in Chapter Two on guideline calculations for drug offenses, firearm offenses, immigration offenses, sex offenses, and economic crime offenses; in Chapter Three on adjustments and grouping; in Chapter Four on criminal history calculations and career offender/categorical approach problems; in Chapters Five and Seven on imposition and violations of probation/supervised release; on recent guideline amendments and trending sentencing guideline issues; on the effective use of data and resources in deconstructing the guidelines; and, finally, on the importance of injecting the clients' stories to move away from a rigid application of the guidelines, particularly when the guidelines provide too harsh a sentence.

Session 5 - Illegal Entry and Re-entry:  Sentencing Guideline Section 2L1.2

Description:

Almost 13,000 people were sentenced in Fiscal Year 2023 under the 2L1.2 Guideline for illegal entry and re-entry offenses. Although the 2016 Guidelines Amendments considerably simplified the Guidelines' application, many knotty problems remain for practitioners. This training will begin by discussing the basic Guidelines calculations and will cover topics such as challenges to the special offense characteristics under a 1326(d) analysis, the cultural assimilation departure, fast-track departures, and how to account for recidivist clients with trailing supervised release violations. Time permitting, we will also discuss the Guidelines for related offenses such as the use of false documents under 18 U.S.C. 1546 and misuse of a passport under 18 U.S.C. 1544.

Presenter:

Ben Davis is a Supervisory Attorney and Trial Team Leader at Federal Defenders of San Diego, Inc. Ben joined Federal Defenders as a trial attorney in 2010 and has spent the past fourteen years defending clients charged with a wide array of federal crimes, including gun, drug, robbery, fraud, immigration, and sex offenses. He was one of two FDSDI attorneys tasked with filing habeas petitions in the wake of Johnson v. United States (2015) and was an original member of the team assembled to combat the Southern District's short-lived "Operation Streamline" program in 2018. Since 2019, he has served as a Trial Team Leader, supervising and mentoring a team of 8-12 trial attorneys. He received his J.D. from DePaul University College of Law.

 

CLE Information:

We have applied for CLE accreditation in states that have mandatory requirements. We regret that we cannot respond to telephone inquiries regarding the status of CLE approval prior to the webinar. All information related to CLE will be emailed to attendees within 15-30 days following the program.

  • To minimize reporting fees per attorney/program, if you are barred in more than one of the following states NM, TN, PA, NE, attendance will be reported to one state only.
  • The attorney is responsible for making sure the appropriate state and bar number is on file with the DSO Training Division.
  • For applicable states, attendance will be reported using the bar number and state(s) listed on the registration form submitted for this program.
  • Failure to provide the state and bar number may result in the Training Division not being able to report your attendance.