FEDERAL SENTENCING GUIDELINES
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1 The Tampa Bay Chapter of the Federal Bar Association, The National Association of Criminal Defense Lawyers, and The Criminal Justice Section of the American Bar Association proudly present The Twentieth Annual National Seminar on the FEDERAL SENTENCING GUIDELINES Criminal Justice Section May 4-6, 2011 Wednesday - Friday Buena Vista Palace Hotel & Spa in Orlando, Florida (YOU MAY WANT TO BRING YOUR GUIDELINES MANUAL)
2 The Twentieth Annual National Seminar on the FEDERAL SENTENCING GUIDELINES Wednesday Friday May 4-6, 2011 WEDNESDAY MAY 4, 2011 Buena Vista Palace Hotel & Spa Orlando FL 2:00-5:00 p.m. UNITED STATES SENTENCING GUIDELINES BASIC TRAINING PLENARY SESSION Cathy A. Battistelli Deputy Chief United States Probation Officer District of New Hampshire L. Russell Burress Principal Training Advisor United States Sentencing Commission Pamela Montgomery, Esquire Director of Training & Chief Counsel Office of Education & Sentencing Practice United States Sentencing Commission
3 THURSDAY MAY 5, :30-8:15 a.m. CONTINENTAL BREAKFAST & REGISTRATION 8:15 a.m. WELCOMING REMARKS Kevin J. Napper, Esquire Carlton Fields, P.A. Tampa, Florida Norman L. Reimer, Esquire Executive Director National Association of Criminal Defense Lawyers 8:30-10:00 a.m. U.S.S.G. DEVELOPMENTS AND A VIEW FROM THE DISTRICT COURT BENCH PLENARY SESSION Honorable John Gleeson Eastern District of New York Honorable Steven D. Merryday Honorable Robert W. Pratt Southern District of Iowa Honorable Jed S. Rakoff Southern District of New York Professor Frank O. Bowman, III, Esquire University of Missouri School of Law Columbia, MO
4 THURSDAY (continued) MAY 5, :15-11:45 a.m. CONCURRENT SESSIONS A. SENTENCING ISSUES IN SECURITIES CASES Henry W. Asbill, Esquire Jones Day Michael Horowitz, Esquire Cadwalader Wickersham & Taft, LLP Honorable Jed S. Rakoff Southern District of New York Peter S. Spivack, Esquire Hogan Lovells, LLP Patrick Stokes, Deputy Chief Corporate, Securities and Commodities Fraud Group United States Department of Justice Alexandra Walsh, Esquire Baker Botts, LLP B. DRUG OFFENSES/CRACK RETROACTIVITY/MDMA IMPLICATIONS I* Honorable Paul D. Borman Eastern District of Michigan Rosemary Cakmis, Esquire Chief of the Appellate Section Federal Defenders Office Honorable John Gleeson Eastern District of New York Elizabeth K. Thomas United States Probation Officer Middle District of Georgia A. J. Kramer, Esquire Federal Public Defender District of Columbia C. FRAUD/THEFT OFFENSES I* A. Brian Albritton, Esquire Phelps Dunbar, LLP Tampa, FL Honorable Ruben Castillo Northern District of Illinois Randall Gold, Esquire Assistant United States Attorney Judy James Supervising United States Probation Officer for the Southern District of Mississippi William N. Nettles, Esquire United States Attorney District of South Carolina Larry A. Nathans, Esquire Nathans & Biddle, LLP Baltimore, MD Honorable Frederic Block Eastern District of New York 12:00-1:30 p.m. THE PRESENTENCE REPORT AND THE SENTENCING PROCESS PLENARY SESSION (Box Lunch Provided) Donna Elm, Esquire Federal Public Defender Laurel Moore Lee, Esquire Assistant United States Attorney Tess Lopez Sentencing Mitigation Specialist Tess Lopez Sentencing Consulting Novato, CA Ray Owens Assistant Deputy Chief United States Probation Adrienne Wisenberg, Esquire Barnes & Thornburg, LLP W. Carl Lietz, III, Esquire Kish & Lietz, P.C. Atlanta, GA
5 1:45-3:15 p.m. CONCURRENT SESSIONS A. FIREARMS OFFENSES A. Fitzgerald Hall, Esquire Lori Masso Sentencing Guidelines Specialist Northern District of Florida Leigh Skipper, Esquire Chief Federal Defender Eastern District of Pennsylvania B. IMMIGRATION OFFENSES Anne T. Berton, Esquire Western District of Texas Geoffrey T. Cheshire, Esquire District of Arizona Suzanne Ferreira Supervising United States Probation Officer for the Southern District of Florida Jon N. Sands, Esquire Federal Defender District of Arizona C. CORPORATE PLEA NEGOTIATIONS AND SENTENCING Stevan Bunnell, Esquire O Melveny & Myers, LLP Arlo-Devlin Brown, Esquire Assistant United States Attorney Southern District of New York Jeff Ifrah, Esquire Ifrah Law, PLLC Rene L. Valladares District of Nevada 3:15-3:30 p.m. COFFEE BREAK 3:30-5:00 p.m. CONCURRENT SESSIONS A. GUIDELINE DEPARTURES AND VARIANCES OUTSIDE THE RANGE UNDER CHAPTER 3553(A) Jennifer Coffin, Esquire Sentencing Resource Counsel Nashville, TN Elisabeth F. Ervin Supervising United States Probation Officer Western District of North Carolina Tess Lopez Sentencing Mitigation Specialist Tess Lopez Sentencing Consulting Novato, CA Michael Oliver, Esquire Supervising Assistant United States Attorney Western District of Missouri Rene L. Valladares, Esquire District of Nevada Solomon L. Wisenberg, Esquire Barnes & Thornburg, LLP Gregory L. Poe, Esquire Law Offices of Gregory L. Poe, PLLC *These sessions are offered twice during the course of this Seminar to allow as many people as possible to attend.
6 THURSDAY (continued) MAY 5, 2011 B. MORTGAGE FRAUD OFFENSES Beverly L. Morgan Supervising United States Probation Officer Western District of North Carolina Thomas Palermo, Esquire Assistant United States Attorney Angela Parrott, Esquire Chief Western District of North Carolina Charles A. Ross, Esquire Charles A. Ross & Associates, LLC New York, NY/Miami, FL L.T. Lafferty, Esquire Fowler White Boggs, P.A. Tampa, FL 5:30-7:30 p.m. COCKTAIL RECEPTION FRIDAY MAY 6, :30-10:00 a.m. UNITED STATES SENTENCING GUIDELINES: A YEAR IN REVIEW PLENARY SESSION Honorable John Antoon, II Honorable Robin J. Cauthron Western District of Oklahoma Honorable Robert L. Hinkle Northern District of Florida Honorable Charlene E. Honeywell Honorable William K. Sessions, III Immediate Past Chair United States Sentencing Commission Chief District of Vermont David Debold, Esquire Gibson, Dunn & Crutcher, LLP 10:00-10:15 a.m. COFFEE BREAK
7 10:15-11:45 a.m. CONCURRENT SESSIONS A. DRUG OFFENSES/CRACK RETROACTIVITY/MDMA IMPLICATIONS II* Honorable Paul D. Borman Eastern District of Michigan Rosemary Cakmis, Esquire Chief of the Appellate Section Federal Defenders Office Honorable John Gleeson Eastern District of New York Elizabeth K. Thomas United States Probation Officer Middle District of Georgia A. J. Kramer, Esquire Federal Public Defender District of Columbia B. FRAUD/THEFT OFFENSES II* A. Brian Albritton, Esquire Phelps Dunbar, LLP Tampa, FL Honorable Ruben Castillo Northern District of Illinois Randall Gold, Esquire Assistant United States Attorney Judy James Supervising United States Probation Officer for the Southern District of Mississippi William N. Nettles, Esquire United States Attorney District of South Carolina Larry A. Nathans, Esquire Nathans & Biddle, LLP Baltimore, MD C. HEALTHCARE FRAUD Robert A. Mosakowski, Esquire Assistant United States Attorney Kirk Ogrosky, Esquire Arnold & Porter, LLP Peter S. Spivack, Esquire Hogan Lovells, LLP John F. Lauro, Esquire Lauro Law Firm Tampa, FL/New York, NY D. PLEA BARGAINING Paul J. Hofer, Esquire Sentencing Resource Counsel Richard G. Lillie, Ph.D., Esquire Lillie & Holderman Cleveland, Ohio Robert O Neill, Esquire United States Attorney James T. Skuthan, Esquire Chief Barry Boss, Esquire Cozen O Connor *These sessions are offered twice during the course of this Seminar to allow as many people as possible to attend.
8 FRIDAY (continued) MAY 6, :00-1:30 p.m. UPDATE ON FEDERAL SENTENCING LAW: SUPREME COURT, APPELLATE AND LEGISLATION PLENARY SESSION (Box Lunch Provided) Matt Axelrod, Esquire Criminal Division OAAG United States Department of Justice Amy Baron-Evans, Esquire National Sentencing Resource Counsel to the Federal Public and Community Defenders Boston, MA Honorable Ketanji Jackson, Esquire United States Sentencing Commission Bobby Vassar, Esquire Chief Counsel United States House of Representatives James E. Felman, Esquire Kynes, Markman & Felman, P.A. Tampa, FL 1:45-3:15 p.m. CONCURRENT SESSIONS A. BUREAU OF PRISONS ISSUES Todd A. Bussert, Esquire Law Office of Todd A. Bussert New Haven, CT Alicia Vasquez, Esquire Designation & Sentence Computation Center Bureau of Prisons Grand Prairie, TX B. CHILD PORNOGRAPHY OFFENSES AND THE ADAM WALSH ACT John L. Badalamenti, Esquire Theodore Simon, Esquire Attorney at Law Philadelphia, PA C. RELEVANT CONDUCT Parker D. Anderson IV Supervising United States Probation Officer L. Russell Burress Principal Training Advisor United States Sentencing Commission Pamela Montgomery, Esquire Director of Training & Chief Counsel Office of Education & Sentencing Practice United States Sentencing Commission Mark Harris, Esquire Proskauer Rose, LLP New York, NY 3:15-3:30 p.m. COFFEE BREAK 3:30-5:00 p.m. CONCURRENT SESSIONS A. CHAPTER 3 ADJUSTMENTS B. ETHICS ISSUES AND SENTENCING Virginia Cataldo Supervising United States Probation Officer Southern District of Florida Kevin Tate Western District of North Carolina James W. Cooper, Esquire Arnold & Porter, LLP Mark L. Horwitz, Esquire Law Offices of Mark L. Horwitz, P.A Orlando, FL Professor Ellen S. Podgor Stetson University College of Law Gulfport, FL Fritz J. Scheller, Esquire Fritz Scheller P.L. Winter Park, FL
9 TWENTIETH ANNUAL NATIONAL FEDERAL SENTENCING GUIDELINES SEMINAR SEMINAR CANCELLATION POLICY In the event you need to cancel your registration, there will be a full refund if a written request is received prior to April 20, There will be a $100 service charge if the written request is received between April 20 - May 1, THERE WILL BE NO REFUNDS AFTER MAY 1, Substitutions may be made at any time and must be received in writing. Please send your written request for cancellation or substitution to Kevin Napper, c/o Carlton Fields, P.A., Post Office Box 3239, Tampa, FL CLE INFORMATION Application for pre-approval of CLE credit has been made to all state Bar Associations. Additional information will be made available closer to the date of the seminar.
10 REGISTRATION TWENTIETH ANNUAL NATIONAL SEMINAR ON THE FEDERAL SENTENCING GUIDELINES May 4-6, 2011 Buena Vista Palace, Orlando, FL Please fill out this form to register for the Seminar. Tuition for all GOVERNMENT attendees is $300 if postmarked on or before April 5th, 2011; $390 if postmarked on April 6th, 2011, or later. Tuition for all NON-GOVERNMENT attendees is $345 if postmarked on or before April 5th, 2011; $425 if postmarked on April 6th, 2011, or later. PROBATION OFFICER FEDERAL DEFENDER US ATTORNEY OTHER I will attend the optional INTRODUCTORY SESSION on May 4, 2011, at no additional charge. NAME: DISTRICT/TITLE: COMPANY: ADDRESS: PHONE: PLEASE CHECK HERE IF YOU ARE A MEMBER OF THE NACDL (Members receive a $50 discount) Submit this portion along with check and/or purchase order to REGISTER for the seminar. WE DO NOT ACCEPT CREDIT CARDS. If paying with a purchase order, please fax the purchase order and registration form to: Tampa Bay Chapter of the Federal Bar Association, c/o Kevin J. Napper, Carlton Fields, P.A., Post Office Box 3239, Tampa, FL 33601, fax (813) If paying with check, please mail the registration form and check to: Tampa Bay Chapter of the Federal Bar Association, c/o Kevin J. Napper, Carlton Fields, P.A., Post Office Box 3239, Tampa, FL Please make checks payable to the TAMPA BAY CHAPTER OF THE FEDERAL BAR ASSOCIATION.
11 TO ORDER COURSE MATERIALS ONLY Check here to order Course Materials ONLY. Please complete the form below and mail to the address below with your check or purchase order in the amount of $50. NAME: DISTRICT/TITLE: COMPANY: ADDRESS: PHONE: Whether you are registering to attend the seminar or purchasing course materials, please detach and complete the appropriate form. Mail the completed form along with check or purchase order to: Tampa Bay Chapter of the Federal Bar Association, c/o Kevin J. Napper, Carlton Fields, P.A., Post Office Box 3239, Tampa, FL All registrations and orders for course materials must be accompanied by a check or purchase order. WE DO NOT ACCEPT CREDIT CARDS. Please make checks payable to the TAMPA BAY CHAPTER OF THE FEDERAL BAR ASSOCIATION. If you require additional information, please contact Ms. Anderson Smith, c/o Carlton Fields, P.A., Post Office Box 3239, Tampa, FL 33601, (813) or by at asmith@carltonfields.com. Don t miss Orlando attractions: Walt Disney World, Sea World, Wet & Wild Waterpark, Universal Studios, Discovery Cove, House of Blues, Islands of Adventure, Epcot Theme Park, and Cirque du Soleil. For more information contact:
12 F Federal Bar Association Tampa Bay Chapter 4221 W. Boy Scout Blvd., Suite 1000 Tampa, Florida PRESORTED STANDARD U.S. POSTAGE PAID TAMPA, FL PERMIT NO. 1676
FEDERAL SENTENCING GUIDELINES
The Tampa Bay Chapter of the Federal Bar Association, The National Association of Criminal Defense Lawyers, and The Criminal Justice Section of the American Bar Association proudly present The Twenty-First
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FEDERAL SENTENCING GUIDELINES
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