Published by Law360, Litigation Partner Brandon McCarthy and Litigation Associate Nikita Yogeshwarun explore the legal nuances of the zero-point offender motion of 2024. In this article, they attempt to answer the question: Does a white collar defendant with few to zero criminal history points, who received a role enhancement — i.e., organizer, leader, manager, supervisor enhancement — still qualify for a two-level sentence reduction?
It may come down to the interpretation of a single word in the Supreme Court case Pulsifer v. U.S. Pulsifer illuminates the crucial impact of linguistic interpretation and its potential to significantly influence more just sentencing outcomes. If the rule of lenity is ultimately applied, then it would be a significant win for thousands of white collar defendants across the nation, resulting in reduced incarceration for zero-point offenders, while saving the public and federal government millions of tax dollars.
"Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'," Law360, March 5, 2024
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