Thursday, January 10, 2008

"171 Easy Mitigating Factors" Now Available

I don't normally include plugs for products, but this one is unique. For many years, Michael Levine has been compiling arguments to be used in getting lesser sentences in federal court. It began with "88 Easy Departures," the latest version is descriptively entitled "171 Easy Mitigating Factors” (formerly “88 Easy Departures”). It often includes cases not easily found by any other method, and covers both common and uncommon bases for mitigation, whether as departures or variances. A short sampling of the listed topics include: Rendering aid to victim; too long a sentence promotes recidivism; restitution requiring repayment for life is like life; Defendant atones by going on television to admit guilt and deter others; and dual prosecution by state and federal governments.

It has been called, "The indispensable guide to effective representation at sentencing--an essential tool for federal (and state) defense lawyers"
---Alan Ellis, Past President NACDL and sentencing expert.

It has been noted that "It may be per se ineffective assistance for defense counsel to fail to read 171 Easy Mitigating Factors when preparing for sentencing."
-- Professor Douglas A. Berman
Sentencing Law and Policy blog.

The current edition is dated January 1, 2008, and is about 125 pages. It costs $125 for a single copy of the latest edition sent by e-mail. Mr. Levine charges $400 for an annual subscription (6-12 issues depending on the law). He asks interested persons to contact him directly at the below address and to include an e-mail address so that he can send the document as an attachment. For a bound, hard copy, the cost is $175 (which includes postage). He asks that requesters include the name, address and identification number (if applicable) of the person to whom he should send the document.

If interested, send a check or money order to:

Michael R. Levine
400 S.W. Sixth Avenue, Suite 600
Portland, Oregon 97204