The Third Circuit Revisits a Familiar Sentencing Enhancement — and the Commentary That Defines It

The Sentencing Guidelines are not statutes. Congress didn't write them; the United States Sentencing Commission did. And for a long time, courts treated the Commission's own explanations of what the…


Pennsylvania's New Probation Reform Law Has Another Test — and the Court Splits the Difference

Pennsylvania's probation reform law, Act 44 of 2024, was supposed to fix a broken system. For years, people on probation were being sent to state prison for technical violations — not new crimes, but…


You Can Be the Boss Without Being the Boss: The Third Circuit on the Federal Sentencing Manager Enhancement

Running a legitimate business doesn't insulate you from federal sentencing enhancements if that business becomes the vehicle for a crime. The Third Circuit made that clear earlier this month in…


Superior Court Reaffirms Limits on Probation Revocation — Even After a Defendant Absconds

Recently, the Superior Court issued a decision in Commonwealth v. Charles-Richardson, 2026 PA Super 27, which involved a parole absconder who returned to court to answer for violations that occurred…


When Sentencing Is Agreed: No Discretionary Appeal— But Open and Hybrid Pleas Remain Reviewable

In Commonwealth v. Harris, 2026 PA Super 24, the Superior Court revisited a recurring issue in Pennsylvania sentencing law: when does a defendant have the right to challenge the discretionary aspects…


Pennsylvania Superior Court Clarifies Sentencing Authority: Probation and Prison May Run at the Same Time

In a recent en banc decision, Commonwealth v. Jennings, 2026 PA Super 8, the Pennsylvania Superior Court resolved a growing split within its own case law over a deceptively simple question: may a…


Pennsylvania Superior Court Reaffirms When a Judge Must Recuse

The Pennsylvania Superior Court recently issued a precedential decision reaffirming when a judge must step aside from a case—not because of proven bias, but because the appearance of bias alone is…


The many ways to lose your driver’s license and the repercussions that follow

A driver’s license is a privilege, not a right.  But it is an indispensable privilege, one that enables us to commute to work (to make a living) and to remain socially connected with one another.…


Professionals beware: there’s direct consequences then there’s collateral consequences.

Any person accused of committing a crime will face certain consequences if convicted.  It may be a fine, probation, or the loss of liberty.  These are called direct consequences. Aside from direct…


“What am I looking at?” The question of sentencing.

  When I meet clients facing criminal charges, the number one question I almost always get is: “What am I looking at?” Sentencing is the pressing question on the minds of any person accused of…


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