NATIONALLY RECOGNIZED FEDERAL LAWYERS
How Federal Sentencing Works The Step-by-Step Process
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience handling federal criminal cases, including the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. Federal sentencing is a structured process with specific timelines, procedures, and opportunities for advocacy. Understanding how it works matters if you’re facing federal charges.
This article walks through the federal sentencing process step-by-step – from conviction to the sentencing hearing and beyond. We’ll explain what happens, when it happens, and what you need to do to protect your interests.
Step 1: Conviction or Guilty Plea
Federal sentencing begins after conviction. You’re convicted either by pleading guilty or by being found guilty at trial. The moment conviction occurs, the sentencing process starts.
Most federal defendants – over 90% – plead guilty. Plea agreements often include sentencing recommendations, stipulations about guideline calculations, or agreements that certain facts apply. But plea agreements don’t bind judges. Even when both sides agree on a sentence, judges can impose something different.
Trial convictions trigger the same sentencing process, but without any agreements limiting the issues. Everything is contested – guideline calculations, relevant conduct, adjustments, departures.
Step 2: Presentence Investigation Report Ordered
Immediately after conviction, the court orders a presentence investigation report – the PSR. Federal Rule of Criminal Procedure 32 requires PSRs in almost every federal case unless the court finds the record contains sufficient information or the defendant waives it (rare and usually unwise).
The PSR is prepared by a United States Probation Officer. This officer works for the court, not for either side. The PSR becomes the roadmap for sentencing – judges rely heavily on it when determining sentences.
Typical timeline from conviction to sentencing is 75-90 days, though judges can shorten or extend this for good cause. Courts typically set the sentencing date when ordering the PSR.
Step 3: Interview with Probation Officer
Within about 30 days of conviction, you’ll meet with the probation officer for an initial interview. Your attorney should be present.
The officer asks about your background. Family history. Education. Employment. Health. Substance abuse. Finances. Criminal history. They gather information to calculate guideline ranges and make sentencing recommendations.
Be truthful. Lying creates problems – obstruction enhancements, credibility issues, criminal liability. But don’t volunteer harmful information. Your attorney should prepare you.
The officer also interviews victims, family, employers, and treatment providers. They review police reports, financial records, and other relevant documents.
Step 4: Draft PSR Issued
At least 35 days before sentencing, the probation officer discloses the draft PSR to the defendant, defense counsel, and prosecutor. The court doesn’t receive it yet.
The draft contains: offense conduct, relevant conduct, offense level calculations, adjustments, criminal history, guideline range, statutory maximum and minimum, restitution, supervised release terms, and sentencing recommendation.
Read it carefully. Multiple times. Errors can add years to your sentence.
Common errors: incorrect loss calculations, wrong drug quantities, criminal history points for excluded convictions, failure to apply safety valve, incorrect grouping, missing acceptance of responsibility.
Step 5: File Objections
You have 14 days after receiving the draft PSR to file written objections. This deadline is strict. Objections not raised in writing within 14 days generally can’t be raised at sentencing.
Object to everything that’s wrong – factual errors, legal errors, guideline miscalculations, missing information, incorrect recommendations. Be specific. Identify the page and paragraph. Explain why it’s wrong. Cite supporting evidence and legal authority.
Factual objections might challenge: drug quantity, loss amounts, number of victims, your role in the offense, relevant conduct, or criminal history.
Legal objections might challenge: whether certain enhancements apply, whether you qualify for adjustments like acceptance of responsibility or safety valve, how counts should be grouped, or whether prior convictions count for criminal history.
The government also files objections if they disagree with the PSR. Sometimes the government objects arguing for higher sentences. Other times they file “no objection” responses or agree with defense objections.
Step 6: Probation Officer Revises PSR
After receiving objections from both sides, the probation officer investigates further if needed and revises the PSR. The officer can accept objections, reject them, or explain why they’re unresolved.
If the officer accepts your objection, the PSR is revised to reflect the correction. Problem solved. If the officer rejects your objection, they note it as unresolved, and the judge will decide at sentencing.
Sometimes the officer’s addendum responds to objections in detail, explaining why they’re rejected and citing legal authority. Other times the addendum simply notes “objection overruled” without explanation.
Step 7: Final PSR Submitted to Court
At least 7 days before the sentencing hearing, the probation officer submits the final PSR to the court and provides copies to both parties. This version includes the addendum noting unresolved objections.
The judge reads the PSR before sentencing. Many judges rely heavily on the PSR’s calculations and recommendations. Some judges do independent guideline analysis. Most fall somewhere in between.
You can’t object to new information appearing for the first time in the final PSR without an opportunity to respond. If significant changes appear, request a continuance to file supplemental objections.
Step 8: Sentencing Memoranda Filed
Most districts allow sentencing memoranda – written arguments about what sentence the judge should impose. Deadlines vary, typically 7-14 days before sentencing.
Defense memoranda argue for below-guideline sentences. They address unresolved PSR objections, present mitigating factors, cite 18 U.S.C. § 3553(a) factors, and request specific sentences.
Effective memoranda include: background, offense explanation, acceptance of responsibility, rehabilitation steps, family circumstances, health issues, employment, character letters, and comparison cases.
Government memoranda argue their position – typically supporting the guideline range or upward variances.
Step 9: Sentencing Hearing
The sentencing hearing is your opportunity to be heard. Federal Rule 32 requires judges to give parties an opportunity to speak, present information, and argue for their recommended sentences.
The hearing typically proceeds:
**Judge addresses unresolved PSR objections.** Both sides argue why their position is correct. The judge makes factual findings and legal rulings, resolving each objection. This establishes the correct guideline range.
**Parties present additional evidence.** Testimony from witnesses. Documents. Videos. Anything relevant to sentencing under § 3553(a). Defense often presents family members, employers, treatment providers, or the defendant themselves. Government might present victims or law enforcement.
**Lawyers make sentencing arguments.** Defense argues for below-guideline sentences, citing mitigating factors and comparing similar cases. Government argues their position. Both address § 3553(a) factors – nature and circumstances of the offense, history and characteristics of the defendant, need for deterrence, protection of the public, and avoiding unwarranted disparities.
**Defendant’s allocution.** You have the right to speak directly to the judge before sentencing. This is allocution. It’s optional but almost always wise. Express remorse. Explain what you’ve learned. Describe how you’ll move forward. Apologize to victims. Thank people who supported you. Be genuine – judges hear thousands of allocutions and can spot insincerity.
**Victims speak.** In cases with victims, they can make victim impact statements. These can be powerful and emotional. Judges listen carefully to victims.
**Judge imposes sentence.** After hearing from everyone, the judge explains the sentence and the reasoning behind it. The judge must state the guideline range, explain any variances from that range, and address the § 3553(a) factors.
Step 10: Sentence Components
**Term of imprisonment.** How many months you’ll serve. You serve at least 85% with good time credit.
**Supervised release.** After prison, you’re on supervised release. Terms range from 1 year to life. You must comply with conditions – reporting, drug testing, employment, travel restrictions.
**Fines.** Courts can impose fines, though often waived if you can’t pay.
**Restitution.** If victims suffered financial losses, courts order restitution. Mandatory in many cases.
**Special assessments.** $100 per felony count, $25 per misdemeanor. Must be paid.
Step 11: After Sentencing
You have 14 days to file a notice of appeal. Appeals challenge legal errors – incorrect calculations, wrongly applied enhancements, unreasonable sentences.
Most sentences can’t be reduced except through compassionate release, § 3582(c)(2) reductions, Rule 35 motions, or clemency.
Why Each Step Matters
Every step creates opportunities to advocate for lower sentences – thorough PSR review, timely objections, effective memoranda, compelling allocution.
At Spodek Law Group, we’ve navigated this process thousands of times over 40 years. We spot PSR errors, know which objections judges find persuasive, present mitigating evidence effectively, and argue for variances when appropriate. Our team includes former federal prosecutors who understand government sentencing strategies.
Federal sentencing determines how many years you spend in prison. If you’re facing federal charges, you need attorneys who understand every step and will fight at each stage. At Spodek Law Group, we’re ready to help.