May 15, 2017

On May 10, 2017, Attorney General Jeff Sessions issued a memorandum (the “Sessions memorandum”) to all federal prosecutors setting out Department of Justice charging and sentencing policy under the Trump Administration. Many accounts in the media describe the Sessions memorandum as making “new” policy on charging and sentencing. However, apart from certain tonal shifts, and a substantive change in terms of drug cases, the Sessions memorandum largely represents a continuation of longstanding Justice Department charging and sentencing policy.