Saturday

Workload Drivers - Routine sentencing disputes count for "Contested Sentencing Issues?"


Question: Contested sentencing issues: do these include routine guideline objections that are addressed in a sentencing memo? 

We do a lot of sentencing memos because the judges have asked for them whenever we are going to ask for a variance, and the government always disputes our request - - does that meet the definition of this driver?

Answer: Yes. 


This driver requires: 

1. A dispute with the probation department or government on a sentencing matter of fact or law, and 

2. written pleadings by the attorney addressing that dispute. 

The above scenario meets these requirements, and the driver should be selected.

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