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How Philadelphia Federal Criminal Sentencing Works: Guidelines and Minimums
How Philadelphia Federal Criminal Sentencing Works: Guidelines and Minimums
If your facing federal charges in Philadelphia, sentencing can be scary and confusing. This article breaks down how it works—the laws, guidelines, mandatory minimums, and defenses that impact your sentence. We’ll also look at what to expect in court, and strategies for getting the lowest sentence possible.
Federal Sentencing Guidelines
Unlike state courts, federal courts use sentencing guidelines to determine prison terms. These rules consider:
- Your actual criminal offense
- Your criminal history
Guidelines aim to create uniformity and proportional punishments across the country. But they allow room for departures when judges find good cause.
Calculating Your Guideline Range
Figuring out your range takes a few steps:
- Determine your offense level—every crime has a set level, which can go up or down based on specific offense details in your case.
- Determine your criminal history category—depends on any prior convictions.
- Find where offense level and history category intersect on the guidelines table—gives a months-long range.
For example: a fraud offense may start at level 7. But amount stolen, number of victims, leadership role, etc. lead to increases. So you end up at level 15. If you have 1 past conviction, you’re history category II. On the table, level 15 and category II give a range of 21-27 months. Easy right! Just kidding.
Departures from Guidelines
Luckily, guidelines aren’t mandatory anymore after the Booker Supreme Court case made them “advisory.” Still, judges must consider them, and they anchor negotiations. Reasons a judge can depart include:
- Victim impact
- Public safety
- Assisting authorities
- Mental health issues
- And more…
So if guidelines say 30 months, but the judge sees major health problems and cooperation, they may give 24 months instead.
Mandatory Minimum Sentences
With certain federal offenses, you face mandatory incarceration times set by statute. They apply no matter what guidelines recommend. Some examples:
- 5 years for trafficking 5+ grams of crack cocaine
- 10 years for 1+ kilos of heroin
- 15 years for armed career criminals
Minimums are most common in drug cases. They also exist for crimes like robbery, gun charges, and child pornography. Minimums are extremely hard to overcome once the offense is proven.
Trying to Avoid Minimums
Still, some options exist…
1. Cooperate against others – Help authorities make cases against higher-ups in criminal organizations. Judges can then ignore minimums and go below guidelines.
2. Innocent owner defense – Argue assets like cars and homes were legally obtained, so its unconstitutional to seize them.
3. Safety valves – Defendants with minor roles, no violence, and no prior records may qualify for exemptions.
But generally, mandatory minimums mean just that—mandatory prison time, no way around it. The key is avoiding the charges that trigger them if possible.
What to Expect at Your Sentencing
The weeks before sentencing are tense. The probation office prepares a Presentence Report (PSR) analyzing your history, crime, guideline range, etc. You’ll want to review it for accuracy and object to mistakes.
Next comes drafting sentencing memos. Your lawyer argues for leniency, focusing on positives like employment, family ties, charity work, mental health issues, remorse, and more. Prosecutors counter with aggravating factors, asking for prison time on the higher end.
At the sentencing hearing, judges will:
- Review the PSR and memos
- Calculate the guidelines
- Hear arguments from both sides
- Allow you (and victims) to speak
- Consider evidence presented
- And finally…announce your sentence
They don’t have to follow guidelines. But sentences far outside them tend to draw appeals. So judges usually stick within 25% above or below the range.
Strategies for the Lowest Sentence
How can you get the least amount of prison time possible? Options include:
- Plead guilty – Take responsibility early and prosecutors may recommend downward departures.
- Cooperate against co-defendants – Snitching is risky but pays off big in sentencing if you have valuable information.
- Present mitigators – Highlight positive aspects about yourself and tragic life events through letters, witnesses, evidence, etc.
- Get treatment – Whether it’s therapy, rehab, anger management…complete programs BEFORE sentencing and bring certificates!
- Express remorse – Admit fault, apologize to victims, and commit to rehabilitation.
Following sentencing guidelines is your best chance. But using these tactics wisely can lead to lower prison time.
After Sentencing: Your Options
Once you receive your sentence, you still have choices:
Accept it – Most people end up reporting to prison as ordered. But you can also…
Appeal – Challenge the conviction or sentence as unlawful. The appeals court can uphold, reverse, or resentence.
Cooperate after sentencing – Yes, snitching can still help months later under Rule 35. If you provide substantial assistance, prosecutors can request reductions.
Don’t lose hope—sentencing feels definitive, but creative lawyering can continue lowering your time behind bars. And you’ll get credit for good behavior in prison too. So your actual served sentence ends up around 85% of what the judge orders.
Every case is different. But understanding the process helps you face federal sentencing in Philadelphia with clarity and confidence. Arm yourself with knowledge, lean on your lawyer, and look for every chance to show why you deserve mercy. It can make all the difference.
Citations:
2018 Federal Sentencing Guidelines Manual
18 U.S. Code § 924 – Penalties
Mandatory Minimum Penalties for Firearms Offenses in the Federal Criminal Justice System
Mandatory Minimum Penalties for Drug Offenses in the Federal Criminal Justice System