Realizing the Promise of Individualized Sentencing In Federal and State Courts

Friday, June 19 from 9:00 am to 5:00 pm
5.5 General, 1.0 Ethics Credits

CLE Webinar via Zoom – Links will be distributed prior to event

8:45 Sign in and Introduction

9:00-10:15 SENTENCING GUIDELINES AND LAW (BREAKOUTS)

Nuts and Bolts of the Federal Sentencing Guidelines
An expert will discuss the fundamentals of the Federal Sentencing Guidelines so you can accurately calculate your client’s guideline range and effectively respond to probation or the government’s calculations. 
Marlo Cadeddu, Law Office of Marlo Cadeddu, Dallas, Texas

OR

Nuts and Bolts of State Sentencing. 
Cover the fundamentals of state sentencing practice, including when the state can aggravate and when they can’t, how to mitigate a sentence, when sentences can be run consecutively versus concurrently, and how to deal with habitual offender enhancements on later probation violations. Jonathan Ibarra, Albuquerque Law Office of the Public Defender (LOPD)

10:15-10:30 MORNING BREAK

10:30-11:30 Mitigation Investigation and Practical Strategies
A comprehensive investigation of your client’s life history is essential to making a persuasive and individualized sentencing presentation.  Panelists will discuss how to plan and implement a mitigation investigation, including mitigation interviews, records collection and more.     
Megan Leschak, LMSW, Context Mitigation; Margaret Broenniman, Albuquerque Law Office of the Public Defender (LOPD); and Eric Zuckerman, Assistant Federal Public Defender, District of Arizona

11:30-12:00  NMCDLA Membership Meeting/Driscoll Award/Auction
Note, if you are an NMCDLA member and unable to attend the CLE. You may register to attend the membership meeting only.

12:00-12:30 LUNCH BREAK

12:30-1:45 ASSESSMENTS AND ACTIONS THAT AFFECT CLASSIFICATION (BREAKOUTS)

Helping Your Federal Client Get a Favorable BOP Classification
Understanding how the Bureau of Prisons classifies inmates, how information in a presentence report affects that classification, and how to get favorable information into the presentence report are all essential to effective sentencing advocacy.  Panelists will discuss these topics and more.
Jeff Carson, Retired Operations Manager, Bureau of Prisons Designation and Sentence Computation Center, Grand Prairie, TX; and Devon Fooks, Assistant Federal Defender, Albuquerque

OR

Classification Scores and Calculations at the NM Corrections Department
Learn from NM Corrections Department prison specialists how a judgment and sentence and goodtime calculations work. Receive guidance from presenters on factors that go into placement scores, how your advocacy can affect the severity of a current charge and the types of classification at the NMCD.
Amanda Stephenson, Managing Attorney, LOPD Post-Conviction/Habeas Unit; Janet Goodman, Deputy Classification Bureau Chief, NMCD; and Denise Chavez, Classification Manager, NMCD

1:45-2:45 Effectively Asking for Mercy: How to Write a Persuasive Sentencing Memorandum  
The key to effective sentencing advocacy is giving the court the information it needs to see your client as a flawed individual with potential, not just as “the defendant.”  Learn how to weave your mitigation investigation and legal research into a compelling narrative that will humanize your client and resonate with judges.
Theresa Duncan, Duncan Earnest LLC

2:45-3:00 AFTERNOON BREAK

3:00-4:00 Know Your Audience: A Judicial Perspective on Sentencing
A panel of federal and state judges will provide insight into effective sentencing presentations.  What do judges want to know about our clients?  What is the most effective and persuasive way to present such information to the courts?
The Honorable William P. Johnson, Chief U.S. District Judge, District of New Mexico; The Honorable Douglas R. Driggers, Third Judicial District, Las Cruces; and The Honorable Brett R. Loveless, Second Judicial District, Albuquerque

4:00-5:00 Ethics and Professionalism: Defender Wellness and Mitigation Advocacy
To be effective at sentencing, we must understand and empathize with our clients.  This requires us to explore our client’s traumatic histories, and to understand their potentials (and lost potentials).  It can be heartbreaking work.  We will discuss how to protect yourself while doing the work you need to do, including accepting what you cannot change or control. 
Theresa Duncan and Megan Leschak