Episode 33: Relevant Conduct(Published May 20, 2025) In this episode, Lori Baker and Peter Madsen discuss a frequent issue for callers on HelpLine: relevant conduct. Lori and Peter focus on the rules for assessing jointly undertaken criminal activity, the importance of applying those rules in order, common misconceptions, and much more.
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Sentencing Practice Talk - Episode 32
Episode 32: Cross References(Published April 2, 2025) In this episode, Lori Baker and Peter Madsen walk listeners through cross references: what they are, how to properly apply them, dealing with multi-guideline cross references, various tips and tricks for handling cross references, and much more.
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Sentencing Practice Talk - Episode 31
Episode 31: Pseudocounts(Published March 6, 2025) In this episode, Lori Baker and Peter Madsen talk about pseudocounts, a term of art used in guideline application. Their conversation provides guidance on the meaning of the term and describes the limited times when pseudocounts can be used.
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Sentencing Practice Talk - Episode 30
Episode 30: Termination of Supervised Release(Published February 4, 2025) In this episode, Lori Baker and Peter Madsen discuss the use of supervised release—an area of focus for the Commission this amendment cycle.
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Sentencing Practice Talk - Episode 29
Episode 29: Criminal History(Published January 8, 2025) This episode examines the 2023 amendment to the Guidelines Manual relating to criminal history. Lori and Pete cover this popular HelpLine topic, covering the changes to status points including the move from §4A1.1(d) to §4A1.1(e) and who the changes affect, the creation of a new guideline for zero-point individuals at §4C1.1, and more.Related Materials:
Brought to you by the Office of Education & Sentencing Practice, Sentencing Practice Talk is a podcast series designed to inform those interested in federal sentencing on guideline application issues. Topics range from frequently asked questions on the HelpLine, to sentencing practice tips, to recent case law developments. The information presented is intended to aid those involved in federal sentencing in the proper application of the guidelines and relevant case law. It does not represent the official position of the Commission and should not be cited as such. Listeners are advised to conduct their own independent research.