How Does Federal Sentencing Work?
How Does Federal Sentencing Work?
Federal sentencing guidelines are a set of rules federal judges must follow, or at least consider, when sentencing someone found guilty of committing a federal crime. Enacted to provide federal judges with consistent and fair maximum and minimum sentencing ranges to refer to when delivering a sentence, these guidelines take the seriousness of the crime, the offender’s criminal record, and other characteristics into account.
The guidelines are not mandatory. However, federal judges are advised to consider and follow them. Any judge who deviates from the guidelines by imposing a harsher or more lenient sentence than the guidelines dictate must explain their reason for doing so.
How Sentencing Guidelines Work
Established in 1984 by the United States Congress, the United States Sentencing Commission developed the United States Sentencing Guidelines Manual. In the manual, a specific calibration of sentences is laid out according to total offense level and defendant criminal history.
According to the guidelines, most federal crimes are assigned an offense level from one to 43. The greater the severity of the crime, the higher the number. Federal criminal defendants are also assigned a number from one to six based on their past criminal history.
The criminal history and offense level numbers are then plotted on a sentencing table. The offense level is plotted on the vertical axis, while the criminal history number is plotted horizontally. An offender’s sentencing range is determined by the point in which they intersect.
Federal judges are advised to deliver a sentence within the guideline range. If not, they must defend their position and state their reason for doing so by identifying any extenuating circumstances or factor overlooked by the Sentencing Commission (United States v. Booker, 543 U.S. 220 (2005).
Offense Levels
As discussed above, offense levels are based upon the seriousness of the crime. There are 43 levels of seriousness. Every offense has a base offense level. At the top of the spectrum with a offense level of 43 is first-degree murder. Burglary of a residence, on the other hand, has an offense level of 17.
These levels, however, are just base levels. In other words, they are just a starting point. To determine a final offense level, any adjustments and specific offense characteristics must be added or subtracted from the base offense level.
Offense Level Adjustments
Adjustments are specific factors generally applicable to any offense, and they have the power to decrease or increase the offense level.
Some examples of offense level adjustments include:
• Two level increase if the defendant obstructed justice
• Two level increase if the defendant knew the victim was underage or suffering from a mental or physical condition
• Two level decrease if the defendant clearly accepts responsibility
• Three level increase if the crime was motivated by hate
• Four level decrease if the defendant was a minimal participant
Specific Offense Characteristics
For specific offenses, there may be particular factors or characteristics that can raise the offense level. Therefore, these “specific offense characteristics” can also affect a judge’s sentencing.
Some examples of special offense characteristics include:
• One level increase if a burglary results in loss above $5,000
• Five level increase if a burglary results in loss above $1,500,000
• Five level increase if a firearm was brandished during a robbery
Criminal History
The second major element of the sentencing guidelines is the criminal history of the offender. Offenders are assigned to one of six different criminal history categories. These categories are based upon the recency of past crimes and the length of the sentences handed down. Category I is for first-time offenders and those with less serious criminal records.
Departures from the Guidelines
Lastly, a judge must consider whether or not there are any mitigating or aggravating circumstances not taken into account by the Sentencing Commission when formulating the guidelines (18 U.S.C. § 3553(b)). If a judge determines such a circumstance exists, a sentence can be given below or above the guideline range. However, the reason for doing so must be stated in writing.
Appealing a Federal Sentence
If you have been sentenced in a federal court, you have a constitutional right to appeal the verdict or sentencing decision. Decisions made in federal district court can be appealed by filing a motion with the United States Circuit Court of Appeals. If your appeal has already been heard by the Circuit Court, you can take your appeal to the Federal Supreme Court. However, they rarely grant permission to hear appeals cases.
Your Federal Criminal Defense Team
While sentencing in federal and state criminal cases is quite similar, there are important procedural differences that require the expertise of an experienced federal attorney. Federal investigators are persistent in finding the information needed to build a case against you. You need an attorney who will be even more persistent in your defense.
Regardless of the specifics of your case, our criminal defense attorneys have a wealth of experience defending clients in both state and federal cases. We are here to protect your best interests and ultimately your freedom, so call or contact us today.
The federal sentencing guidelines are the rules that set the sentencing policy for defendants convicted of committing federal crimes under the United States Federal Court System. The guidelines were initially created in 1987. The guidelines have set out a clear calibration of sentences depending on the veracity of crime committed. It is the role of the judge to scrutinize the crimes committed and compare them with the guidelines provided to determine the sentencing for the defendant. These guidelines are however not mandatory. However, if a judge decides to use his or her own discretion instead of following the guidelines, he or she must explain what factors made him come to that decision. If it is a sentence increase or decrease, there must be a clear reason why it was done.
If you are convicted of a federal crime or someone close to you has been convicted either through a trial or pleading guilty, it is necessary to know how the sentence to be handed over will be arrived at. For a federal crime, judges must follow the federal sentencing guidelines. The guidelines are created by an independent commission known as the Sentencing Commission and set the sentencing that different federal crimes should carry. As a convict, it is important to understand the sentencing that you will probably get so that you can decide whether it is admissible or an appeal is required.
The federal sentencing guidelines were created after the Congress passed the Sentencing Reform Act of 1984 to create a standard sentencing manual that will be used by all judges. There was concern that judges from different jurisdictions where rendering too lenient and others too much sentencing. The manual award points depending on factors such as the defendants a criminal history, how the crime was committed, and the type of crime committed. A defendant who gets one point only is given the minimum sentencing of six months in jail, and one who grades the maximum 43 points automatically receives a life sentence. Although the guidelines are meant to be mandatory, some judges consider them too harsh or too rigid to be applied in practice.
The federal sentencing guidelines are therefore considered as advisory and not mandatory. What this means is that judges can consult the manual, but they do not have to impose a sentence based on it. Also, under the federal sentencing guidelines, a judge is not allowed to enhance a sentence. Enhancement is only permitted when the defendant accepts to have committed a crime, or a grand jury has verified that the charges were true. For instance, a judge may enhance sentencing for a defendant who confesses injuring a person in the process of committing another crime. In this case, the defendant must have agreed that the injury occurred or a jury concluded the defendant caused the injury.
When a federal judge is making considerations on the sentence to hand over to a convict, some factors need to be taken into account. What is the criminal record of the defendant? If a person has never been convicted in the past for criminal case, they are likely to get shorter sentencing. However, if the defendant has committed lots of crime in the past, the history will be used to hand over longer sentencing.
The judge must also look at the crime committed. For instance, if a defendant was involved in bank fraud, they will look at other cases involving fraud and they will try to show whether the current case is adverse or lenient.
The judges will also consider whether the defendant was convicted through trial or after a guilty plea. A different who has pleaded guilty is likely to enjoy a few points deducted based on the federal sentencing guidelines. However, if a crime affected many victims, the chances are that the judges will add the points resulting in longer sentencing. So as a defendant, you are supposed to work with a seasoned attorney who understands the basic framework of the law and will help you in getting the most deserved sentencing.
Appeal and withdraw of a guilty plea
Under the federal criminal system, a defendant is allowed to withdraw a guilty plea or even appeal a case after conviction. However, there are guidelines that must be observed when the courts are deciding whether to allow withdrawal of a guilty plea to happen. Such a move should be made within a short time after the guilty plea has been made and the defendant proves beyond reasonable doubt that the guilty plea was made out of an error. Factors such as the innocence of the defendant or a change in law are considered when a withdrawal of a guilty plea is being heard. For an appeal, the defendant must file a notice of appeal within ten days after conviction and then provide a written brief within 30 days. The prosecution will also have 30 days to respond to the appeal before the appellate judges start to hear the case.