If you were to make a list the people in the United States who know the most about federal sentencing law and policy, Raquel Wilson would be near the top it.
Thanks for sharing this interview. I think you’re both right that generally AFPDs are more engaged and know the Guidelines better than AUSAs. In the district in which I
practice the reason is simple. The probation officer who writes the PSIR will calculate the highest possible guideline range and include every possible upward adjustment. Indeed, the PO will include upward adjustments that the parties agree do not apply and disregard downward adjustments that the parties agree do apply. The AUSA then reacts to the AFPD’s litigation positions. There’s simply no incentive for prosecutors to develop a deep knowledge of the Guidelines.
Thanks for sharing this interview. I think you’re both right that generally AFPDs are more engaged and know the Guidelines better than AUSAs. In the district in which I
practice the reason is simple. The probation officer who writes the PSIR will calculate the highest possible guideline range and include every possible upward adjustment. Indeed, the PO will include upward adjustments that the parties agree do not apply and disregard downward adjustments that the parties agree do apply. The AUSA then reacts to the AFPD’s litigation positions. There’s simply no incentive for prosecutors to develop a deep knowledge of the Guidelines.