PODCAST · education
Set For Sentencing
by Doug Passon
Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives.Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing.My passion is helping lawyers and clients craft their most compelling sentencing narratives. So, I was inspired to create this new podcast drawing on my 25+ years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting and developing compelling case narratives that get real results.In Set for Sentencing, I present cutting edge resources, world-class experts, and the straight scoop on our often dysfunctional system -- all in service to one goal -- to bring more more justice, more humanity, and more hope to the sentencing process.So, are you ready? Then let's get SET FOR SENTENCING!
Episodes
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From Skeptic to True Believer: A Sentencing Lawyer's AI Confession
Two years ago I did a podcast on A/I with Patrick Barone and Randy Olson, telling them "hell no, I won't go." It made up facts and cases, it couldn't spell, and I was certain it could never touch the humanity at the heart of sentencing advocacy. But the machines got smarter and the stakes got...
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Hot Pink Spotlight: The Clancy Mistrial Puts Women's Health on Trial (w/ Nellie King)
Over a million Americans face sentencing every year, and no case has put the question of criminal responsibility on trial like the Lindsay Clancy case. The country watched a Massachusetts jury weigh whether a mother in the grip of severe postpartum psychosis could be held criminally responsible…
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Luigi Mangione Pleads Guilty. Here's What Happens Next.
When someone pleads guilty to intentionally killing another person, with premeditation, in broad daylight, it's hard to imagine anything other than a life sentence. But that's not the end of the story for Luigi Mangione, because his federal guilty plea is a "no agreements" plea. That means no...
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BOP 2026: Crumbling, Weaponized, but (Finally) Wired?
Prison isn't meant to be easy and being inside is punishment. If every incarcerated human has a fair designation process, safe infrastructure, and meaningful programming, then safety and rehabilitation happens. But in two stunning developments, two things are now unequivocally clear: the…
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The Process is the Punishment: Hannah Dugan Sentencing Post-Mortem
Ideally, every sentence serves to promote respect for the law. But in an age of the most lawless DOJ in American history – respect for the law is a dead letter. The sentencing of Judge Hannah Dugan is the most recent example of a how a weaponized DOJ is built for retribution, not justice. Doug...
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The Fate of John Bolton: Trump Doesn't Just Pick Who's Prosecuted — Now He Picks Your Prison, Too
Ambassador John Bolton pled guilty last week to mishandling classified information, and the plea includes a stipulation that if he receives prison, the term is no more than five years. On paper, this agreement reads like a win. But the plea isn't the paper that matters most, because the same week...
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Manifest Injustice: Hunter, Hemani, & Buh-Bye Blanche
🎙️ NEW EPISODE: The Supreme Court just moved the goalposts on federal sentencing — and the next AG fight starts now. If federal defendants could trust that pleading guilty meant a predictable outcome, then the system would actually function the way it's sold to them. ⚖️ But SCOTUS just…
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New Compassionate Release Cases: Is the Door to Freedom Shrinking?
With the First Step Act of 2018 came the great hope of expanded grounds and use of "Compassionate Release." Judges were offered the promise of wider discretion to give deserving clients a second look at sentencing. But, the Supreme Court just made compassionate release a whole lot harder to get,...
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"8647": A New Low for Trump's DOJ
It's hard to understand how someone like James Comey could be indicted for posting a picture of seashells on a beach. But, just when it seems like we arrived at the full-on DOJ "low-tide", Todd Blanche and J.D. Vance roll out the new "weaponization fund". Will it ever be safe to go back in the...
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Negotiating Plea Agreements with Bite (Pt. II of "Straight Up No Chaser")
The decision whether to enter into a plea agreement with the government/state is the most important choice a client will make. But too many clients enter into bad pleas - ones that promise little and give up a lot. A client shouldn't have to settle for a plea that lacks real bite. Therefore, in...
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Pleading Straight Up, No Chaser! (Part I)
Pleading guilty and waiving your right to be presumed innocent until proven guilty beyond a reasonable doubt at trial is the most important choice a client will make in any case. But the decision to enter into a less than ideal plea agreement with the government is often influenced by fear,...
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Atkins & The IQ Fallacy: Why IQ is Not a Reliable Measure of Culpability (with Dr. Ted Lidsky)
The Supreme Court determined that individuals with intellectual disabilities are less culpable and should not face capital punishment. Diminished Capacity is also applied in non-capital sentencings. In Hamm v. Smith, the Supreme Court is revisiting the 70 IQ cutoff because of new understandings...
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Life for Charles "Sonny" Burton: Act now to Save Sonny!
Charles "Sonny" Burton is a 75 year old man on Alabama's death row. But he NEVER KILLED ANYONE. He was convicted under the archaic and unjust "felony murder" rule. His more culpable co-defendant got life. Six jurors regret their vote and want him to live. The victim's daughter wants him to live....
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What's Crackin' at the Sentencing Commission - New Proposals that Could Change the Shape of Federal Sentencing
Congress intended most first-time non-violent offenders receive a non-custodial sentence. That's how federal law worked before the guidelines. But, the guidelines did not fulfill that promise because the majority of those sentenced, end up having to serve time in the crumbling, overcrowded Bureau...
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Absolute Power (Pt.II): Clear Messaging in the Age of the Information Maelstrom
It's easy to get overwhelmed by the onslaught of horrible headlines. But advocates need to fight, and words are our weapons. But the problem is, lawyers are never taught how to cut through the noise and get to the heart of the argument. Part 1 defined the problem: Abuse of Power; Trump exerting...
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Absolute Power Pt. I: Politization and Weaponization at the DOJ (With Gary Restaino)
Our founders wanted US attorneys to retain significant independence from the Department of Justice. If that happens, then experienced prosecutors have the credibility, and moral fortitude to serve as a buffer between the unfettered power of the government and the people. But the Trump...
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A Look ahead: Sentencing Developments for 2026
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...
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For My Enemies, the Law
More than ever, we live in a country of selective justice. Some commit crimes with impunity and others are forced to run the gauntlet. The events of last week contain many stark examples, from prosecutions to pardons. So Mark Allenbaugh and I couldn't wait until the new year to talk about it. So,...
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Year End Review (White Collar Support Presentation)
It's the last podcast of the year, and what better way to end than with a presentation to the amazing group, White Collar Support (www.prisonist.org). I was grateful to have the opportunity to present to this community, a brainchild of attorney Jeff Grant. It's particularly fitting for a 2025...
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Understanding Autism with Dr. Nick Dubin
Justice-involved autistic individuals have valuable insights for understanding criminal legal challenges related to autism. With proper support and guidance, positive outcomes are possible. Dr. Nick Dubin transformed his own experience in the criminal system into a story of advocacy and hope. IN...
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Illegals: How Trump is Ignoring the Constitution and Laws to Install Loyalist US Attorneys
The appointments clause is enshrined in our Constitution. Checks and balances and separation of powers are a part of our Country's DNA. It's a system we have used for 250 years, designed to prevent abuse of power. If we adhere to that system, then individual liberty is protected. But this...
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Hostility & the Heart, With Joy Bertrand
Joy Betrand is a world-class criminal defense lawyer with valuable insights on lawyer wellness. The stress and trauma of legal work can harm mental and physical health. In this episode, we discuss manifest injustices we've encountered in the criminal system, and share coping strategies for…
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Save Robert Roberson.
Robert Roberson is set to be executed by the state of Texas on October 16, 2025. But he is innocent. He has spent 20 years on death row, having been convicted of killing his 2 year old daughter Nikki. Robert's wrongful conviction was based on the now universally debunked theory of "shaken baby...
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Terrible, But Not "Terrorism": the Death of Charlie Kirk
The murder of Charlie Kirk is tragic and unacceptable, and the perpetrator must face justice. If we can all agree on that, we can begin to heal. But, it's not "terrorism" under any definition, because at this point there has been zero indication that the alleged perpetrator acted with the intent…
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White Collar Support with Jeff Grant, Esq.
To quote the great Rocky Balboa, "it ain't about how hard ya hit. It's about how hard you can get hit and keep moving forward." That sums up the incredible journey of attorney Jeff Grant, founder of White Collar Support and organizer of the upcoming White Collar Conference online seminar. IN THIS...
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Maxwell's Silver Hammer (PART II): Transfer to Minimum Camp & Sentencing Post Mortem
In Part II of our deep dive into the Ghislaine Maxwell case, we begin with BOP Prison consultant, Walter Pavlo of prisonology.com to talk about her transfer to a minimum security camp. Then, we resume with Mark Allenbaugh of sentencingstats.com for one of our famous "sentencing post-mortems" to…
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Maxwell's Silver Hammer: Part I
The saga of Jeffrey Epstein is ongoing and ever-present in the news. And there are powerful lessons to be learned. But the talking heads are mostly just spinning their wheels. So, if you're seeking some straight talk and inside scoop about all of it, you've come to the right place. This is a…
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Holding Court with Judge Nancy Gertner!
An independent judiciary is the cornerstone of a healthy democracy. But judges are under attack. Therefore, we must stand the post and protect judges from intimidation, unlawful prosecution, incredulous calls to impeach, or worse. And, when it comes to federal criminal sentencing, judicial...
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For My Enemies, the Law: The Return of Kilmar Abrego-Garcia
The Trump administration stated that Kilmar Abrego-Garcia would never return to US soil. But they just back-tracked and brought him back. Unfortunately he now faces federal prosecution under a new indictment for conspiracy and alien smuggling. The bigger problem is the govt. has gone to great...
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Due Process Denied (PART II): Kilmar Abrego-Garcia and the "Great Replacement"
In understanding the current administration's draconian deportation policies, nothing makes sense except in the light of white supremacy. The underlying animating force of these policies, openly stated by Tom Homan during a white house press conference, is "the great replacement theory".…
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Due Process Denied: Kilmar Abrego-Garcia (PART ONE)
America might have moved on from Kilmar Abrego-Garcia, but we have not. So, ask yourself: What happens when the U.S. government indefinitely sentences someone to a foreign prison without any due process and no one stops them? In this episode (part 1 of 2), I appear on Justin Yentes's podcast…
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George Santos Sentencing Post-Mortem
On Friday, April 25, George Santos learned his fate, at his fraud sentencing in federal court. He had two years since his indictment to walk the walk, demonstrate extreme remorse and acceptance, and take meaningful steps to address the problems that got him here and convince a judge he wouldn't...
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Seismic Shift: Big Changes to the Sentencing Guidelines & the Country
Although we often complain about the sentencing guidelines, this week, I find myself thankful that we still live in a country that has courts and due process, in the federal criminal courts. At least for now. So today, we celebrate the death of guideline departures, lament the death of due…
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Reign of Terror: Tesla, Luigi Mangione, & Beyond
I'm back. I've been in hibernation for the last couple of months, basically paralyzed by what can only be described as a rapid descent into authoritarian hell. In his seminal work, "On Tyranny", Timothy Snyder warns: "Listen for dangerous words. Be alert to the use of the words extremism and...
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Anchor's Aweigh: New Policies and New Proposed Guidelines Find Us Unmoored in 2025
I call this episode "Anchor's Aweigh" for two reasons. First, there is a potential seismic shift in federal sentencing coming, which would go far to eliminate what we call the dreaded "anchoring effect" of the draconian and deeply dysfunctional sentencing guidelines. If this passes, it will…
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The Truth About Restitution in Federal Criminal Cases with Ashley Adams, Esq.
Restitution is often imposed to compensate crime victims for their losses. Done correctly, it can help victims recover and allow offenders to move on after serving their sentence. However, defense attorneys sometimes overlook restitution issues, resulting in burdensome payment orders. These can...
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The Truth About the Presidential Pardon Power With Margaret Love & Mark Allenbaugh
It's January 2025, and we're in the final days of the Biden administration. He has had a busy last month or so issuing pardons and commutations. This unfettered power is rightly scrutinized but often misunderstood. The bigger problem is, the whole damn process appears to be broken. And although...
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2024 United States Sentencing Guideline Amendments: A Front Row Seat to the Kabuki Theatre
On November 1, several amendments to the United States Sentencing Guidelines took effect. Some of these changes are significant, offering advantages to the defense, while others are less beneficial. However, ultimately, this process amounts to nothing more than "Kabuki Theatre," meaning the...
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BOP Programming With Dr. Alix McLearen
We've spent a lot of time running down the BOP, and not without good cause, BUT we don't give as much attention as we should to the positive things happening inside those walls. Lawyers need to learn about and advocate for beneficial programming placements for clients, especially those with…
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The Future of Federal Fraud with Mark Allenbaugh
We spend so much time and engergy trying to develop our knowledge and skill to better represent our clients. And keeping abreast of all major developments in the law is paramount to a successful legal practice. But there's one thing every lawyer needs, and it does not exist – a crystal ball. If…
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The Why of the Where: Mitigation Geo-Narratives with Dr. Julie Urbanik
Where we are born, how many times we were forced to relocate, and the kinds of things happening, or not happening, in our communities, our schools and other institutions in those locations are all important to give context to a client's life and choices. But how do we tell those stories at...
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Mitigation Films: Harnessing the Power of Visual Narrative to Humanize our Clients
I can't think of a better topic for our 100th episode of Set For Sentencing – the topic that is so near and dear to my heart – MITIGATION FILMMAKING! Mitigation films are arguably the most powerful and persuasive weapon in our advocacy arsenal. They offer an unparalleled way to humanize a client...
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The BOP Horror Show & What We Can Do About It
It's not even October yet, but this episode feels tailor made for Halloween. It's no secret that the BOP is deeply dysfunctional, dangerous, and dehumanizing. And the stories of deprivation and death inside the walls of the BOP abound. But lawyers are not telling these stories enough at…
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Federal Pre-Trial Diversion With Jon May
Deferred Prosecution Agreements (DPAs) can help avoid prison and even a keep a person's record felony-free. And, the Biden DOJ has encouraged it's regional US Attorney offices to devise their own policies for DPAs and to be more liberal with their application. But, local federal prosecutors seem…
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On Deaf Ears: When Sentencing Goes Wrong
It's a gloomy night in Oklahoma City. I'm holed up in a hotel working on a capital case. But I'm in a dark place. Last week I saw a terrible injustice occur in a matter in which I was involved as a consultant. The lawyers did a fantastic job of making their case for a non-custodial sentence, but...
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Psychodrama at Sentencing: (PART TWO)
Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer...
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Psychodrama at Sentencing (PART ONE)
Psychodrama has been used by trial lawyers for decades. But it hasn't been effectively deployed for use at SENTENCING.... until now. While psychodrama action therapy requires a trained professional to implement, there good news is there are psychodrama-adjacent techniques that can help any lawyer...
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Outside the Box Defense with Investigator Justin Yentes
A good investigator can be essential to winning cases at trial or sentencing. They bring a fresh perspective and outside-the-box techniques that help lawyers better communicate the truth of their sentencing story. This week, we're thrilled to have Justin Yentes, one of the best investigators in…
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The First Step Act (with Walt Pavlo)
The FSA is meant to give non-violent offenders a chance to significantly reduce their term of incarceration through programming and good conduct. But, the BOP is proving to be unwilling or unable to properly implement the law. Helping us get set for sentencing this week is Walt Pavlo, founder of...
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Bonus YouTube Livestream: Hunter Biden Conviction - What To Expect at Sentencing and is Lawfare Really a Thing?
We went live the day after Hunter Biden was convicted in Federal Court on three firearms charges. Not only do we take a deep dive into Hunter Biden's sentencing issues, we also peel back the layers of this new-ish word permeating the lexicon of the right/Trump supporters -- LAWFARE. Lawfare…
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ABOUT THIS SHOW
Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives.Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at sentencing.My passion is helping lawyers and clients craft their most compelling sentencing narratives. So, I was inspired to create this new podcast drawing on my 25+ years of criminal defense experience, my passion for storytelling, my expertise in producing mitigation videos, and my years spent consulting and developing compelling case narratives that get real results.In Set for Sentencing, I present cutting edge resources, world-class experts, and the straight scoop on our often dysfunctional system -- all in service to one goal -- to bring more more justice, more humanity, and more hope to the sentencing process.So, are you ready? Then let's get SET FOR SENTENCING!
HOSTED BY
Doug Passon
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Frequently Asked Questions
How many episodes does Set For Sentencing have?
Set For Sentencing currently has 144 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Set For Sentencing about?
Over a million people a year will face sentencing. For a client and their loved ones, it will be the most important day of their lives.Unlike at trial, there is virtually no limit to the kind of information a lawyer can credibly present to advocate for their client and demonstrate their humanity at...
How often does Set For Sentencing release new episodes?
Set For Sentencing publishes regularly with 144 episodes available. Check the episode list for the typical release schedule.
Where can I listen to Set For Sentencing?
You can listen to Set For Sentencing on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts Set For Sentencing?
Set For Sentencing is created and hosted by Doug Passon.
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