NATIONALLY RECOGNIZED FEDERAL LAWYERS
The Sentencing Table How Criminal History and Offense Level Determine Prison Time
|Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience defending federal cases, including the Anna Delvey Netflix series case, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking prosecution. Federal sentences are determined by a table – your offense level and criminal history intersect to show your recommended prison time. If you’re facing federal charges, understanding this table matters.
This article explains the Federal Sentencing Table – how it works, how to read it, what the zones mean, and how judges use it to calculate sentences.
The Table: A Grid That Determines Years of Your Life
The Sentencing Table is a grid found in Chapter 5 of the Guidelines Manual. Offense levels (1-43) run down the left side. Criminal history categories (I-VI) run across the top. Where they intersect shows your guideline range in months of imprisonment.
It’s simple in concept. Calculate your offense level. Calculate your criminal history category. Find where they meet on the table. That box shows your range.
Offense level 20, criminal history I? The table shows 33-41 months. Offense level 20, criminal history VI? The table shows 70-87 months. Same crime, more than double the sentence based solely on your past.
The table creates predictability. Defendants, prosecutors, and judges all know the starting point. But it’s just that – a starting point. Since United States v. Booker in 2005, judges can vary from the table based on other factors. Still, most sentences land near the guideline range.
How to Read the Table
Reading the table is straightforward once you understand the structure.
Find your total offense level on the left vertical axis. Levels start at 1 (top) and run to 43 (bottom).
Find your criminal history category across the top horizontal axis. Categories run from I (lowest) to VI (highest) in Roman numerals.
Trace down from your criminal history category and across from your offense level. Where the row and column intersect is your guideline range. The range is expressed in months.
Example: Offense level 15, criminal history III. Find level 15 on the left. Find category III across the top. The intersection shows 24-30 months.
The ranges aren’t arbitrary. Lower offense levels have narrower ranges – maybe 6-12 months at level 10. Higher levels have wider ranges – 235-293 months at level 38. The Commission designed ranges to give judges some discretion while maintaining consistency.
Criminal History Categories: How Your Past Determines Your Future
Criminal history categories are calculated by assigning points for prior convictions.
Prior sentences longer than one year and one month earn three points. Sixty days to thirteen months earn two points. Shorter than sixty days earn one point.
Extra points if you committed the offense while on probation, parole, supervised release, or in prison. Add two. Committed offense less than two years after release? Add two more.
Total points determine category. Zero or one is Category I. Two or three is II. Four to six is III. Seven to nine is IV. Ten to twelve is V. Thirteen or more is VI.
Prior convictions older than fifteen years (adult) or ten years (juvenile) don’t count unless you committed another crime during that time.
Category VI defendants face sentences two to three times longer than Category I defendants for the same offense level.
The Four Zones: Probation vs. Prison
The Sentencing Table is divided into four zones indicated by letters on the left side of each offense level. These zones determine what types of sentences judges can impose.
Zone A (Offense Levels 1-8): Probation is fully available. Judges can impose probation without any imprisonment, probation with community confinement or home detention, or straight imprisonment. Maximum flexibility exists in Zone A. Most defendants in Zone A receive probation unless aggravating factors exist.
Zone B (Offense Levels 9-10): At least one month imprisonment is required. Judges can impose probation with a condition that includes at least one month of community confinement or home detention. Alternatively, judges can impose split sentences – part imprisonment, part supervised release. Straight probation without any confinement isn’t allowed.
Zone C (Offense Levels 11-12): At least half the minimum guideline range must be served in prison. Probation isn’t authorized. Judges can impose split sentences where at least half is imprisonment. The rest can be served under supervised release with conditions like home detention. Zone C requires substantial prison time.
Zone D (Offense Levels 13-43): Full guideline imprisonment is required. No probation. No split sentences. Prison time equal to the calculated guideline range. Zone D encompasses most serious federal offenses – the vast majority of federal defendants fall into Zone D.
Zones matter when you’re near the borderline. If you’re at level 9 instead of level 8, you lose access to straight probation. Drop one level through effective defense work, you might avoid prison entirely.
Real Examples Showing How It Works
Level 6, category I: 0-6 months. Zone A. Probation likely.
Level 18, category II: 30-37 months. Zone D. Prison required. With good time, about 26-31 months actual.
Level 28, category IV: 100-125 months. Zone D. Eight to ten years. With good time, seven to nine actual.
Level 32, category VI: 195-243 months. Zone D. Sixteen to twenty years. With good time, fourteen to seventeen actual.
Notice how criminal history amplifies sentences. At level 18, category I shows 27-33 months. Category VI shows 57-71 months. More than double for the same offense.
Mandatory Minimums Override the Table
Some statutes impose mandatory minimums exceeding guideline ranges. Drug trafficking under § 841. Firearms under § 924(c). Child pornography production.
If your range is 37-46 months but you face a five-year mandatory minimum, the mandatory controls. You can’t be sentenced below sixty months unless you qualify for safety valve or substantial assistance.
If your range exceeds the mandatory minimum, the range applies. Level 32, category I produces 121-151 months even if the mandatory is only ten years.
The interplay creates complexity. You need attorneys who understand both systems.
Variances: When Judges Depart From the Table
After Booker, judges aren’t bound by the table. They calculate the range, but can vary based on 18 U.S.C. § 3553(a) factors – nature and circumstances of the offense, your history and characteristics, need for deterrence, protection of the public, avoiding unwarranted disparities.
Downward variances happen when judges believe the guideline range is too high. Overstated loss in fraud cases. Harsh drug quantity calculations. Over-representation of criminal history. Extraordinary personal circumstances. Judges can vary below the table.
Upward variances happen when judges think the range is too low. Particularly heinous conduct. Lack of remorse. Danger to the community. Judges can vary above the table.
Within-guideline sentences are presumed reasonable on appeal. Large variances get more scrutiny. But judges have substantial discretion. About 40% of federal sentences now vary from the calculated guideline range.
Still, the table anchors everything. Prosecutors and defense attorneys negotiate around it. Probation officers calculate it. Judges start with it. Even when variances occur, they’re measured against the guideline range. “20% below guidelines” or “double the guidelines” – the table remains the reference point.
Why the Table Matters to Your Case
Understanding the table lets you evaluate plea offers. Prosecutor offers a plea to level 18, category II? You know that’s 30-37 months. Is that acceptable given the strength of their evidence? What if you went to trial and lost – would you face level 24, category IV (77-96 months)? The table helps you make informed decisions.
The table shows you what’s at stake when fighting over offense level calculations. Two-level enhancement for a vulnerable victim? That could add six months at level 15 or two years at level 30. Every level matters. Every adjustment counts.
Knowing the zones tells you whether probation is even possible. At level 11 or above, forget it – you’re going to prison. But at level 8? If you can knock off one enhancement or get an extra adjustment, you might drop to Zone A where probation is available.
At Spodek Law Group, we’ve used the Sentencing Table thousands of times over 40 years. We know how small changes in offense level calculations produce large changes in sentences. We understand which arguments move judges to vary from the table. Our team includes former federal prosecutors who calculated guideline ranges from the government’s perspective.
The Sentencing Table is a grid, but it determines years of your life. If you’re facing federal charges, you need attorneys who understand how the table works, how to minimize your offense level and criminal history category, and when variances are appropriate. At Spodek Law Group, we’re ready to fight for you.