Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes BulletinKickerFeaturesTopicsLitigationSectionsNewsLJN Newsletters

Boomers in the Dock

By Evan A. Jenness

Some baby boomers have come of age on the wrong side of the law, and the older prison population is burgeoning. Fortunately, Booker and its progeny have superseded the Sentencing Guidelines' strict limitations on leniency based on age and health. Although these factors are “not ordinarily” relevant under the Guidelines, courts must consider the “history and characteristics of the defendant” under 18 U.S.C. ' 3553, and variances may be based on old age and poor health. Gall v. United States, — U.S. —-, 128 S. Ct. 586, 601 (2007).

Although age and medical condition “do not approach what is required to justify a downward departure” under Guidelines, a 72-year-old convict's age nevertheless may support leniency. United States v. Heldeman, 402 F.3d 220, 224 (1st Cir. 2005). Moreover, “old” for sentencing purposes is not necessarily old. A convict's age at 51 “can and should be considered.” United States v. White, 506 F.3d 635, 640 (8th Cir. 2007). Also see the citations to below-Guideline sentences for defendants over 40 based on reduced recidivism, which are collected in United States v. Ruiz, 2006 WL 1311982 at * 4 (S.D.N.Y. May 10, 2006) (unpublished).

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?