A Look ahead: Sentencing Developments for 2026

A Look ahead: Sentencing Developments for 2026

From Set For Sentencing by Doug Passon

January 19, 2026 · 1h 9m · Episode 127

About this episode

The episode discusses significant changes in federal sentencing and predictions for 2026 with experts in the field.

There were big changes in federal sentencing in 2025, and more on the horizon for 2026. So enjoy the first episode of the new year, as we discuss it all with the fabulous Prof. Doug Berman (Ohio State University) and of course, the incomparable Mark Allenbaugh of sentencingstats.com. IN THIS EPISODE: Doug's Tequila of choice: G4 (Which symbolizes the 4 pt. spread in the IU/OHIO state game)( https://g4tequilas.com/ ) New home for Prof. Berman's legendary blog: https://sentencinglawandpolicy.wordpress.com/ Quick recap of big 2025 guideline amendments; Tips on seeking early termination of Supervised Release under new guideline; The work ahead for the commission, and whether they will have a quorum; Berman's predictions on how the elimination of departures will play out moving forward; Proposed changes to the fraud guidelines, including loss table; The current pardon situation & how to use it to achieve better sentencing outcomes; New proposed guideline "specific offense characteristics" & post-offense rehabilitation; Predictions for new proposed guideline amendments; Compassionate release limitations may be on the horizon; Pending S.Ct. case on plea agreement appeal waivers. LINKS…

People in this episode

Host: Doug Passon

Guests: Prof. Doug Berman, Mark Allenbaugh

Topics covered

  • federal sentencing
  • guideline amendments
  • early termination of Supervised Release
  • pardon situation
  • proposed guideline changes
  • compassionate release limitations
  • plea agreement appeal waivers

Keywords

  • federal sentencing
  • guideline amendments
  • Supervised Release
  • pardon
  • fraud guidelines
  • specific offense characteristics
  • compassionate release
  • plea agreements

Mentioned in this episode

Organizations: Ohio State University, sentencingstats.com, sentencinglawandpolicy.wordpress.com, Berman's Blog

Products: G4

More episodes of Set For Sentencing

Explore listener stats, chart rankings, contacts and more on the Set For Sentencing podcast page.