Criminal Defense Lawyers

What Are the Sentencing Options in Federal Criminal Cases?

What Are the Sentencing Options in Federal Criminal Cases?

So you or someone you know got charged with a federal crime. That sucks. The federal criminal justice system can be real scary and confusing. This article will break down the basics of federal sentencing so you understand your options if convicted.First off, there are a few key players who impact the sentence:

• The Judge – They have a lot of power here. Judges look at the sentencing guidelines and laws passed by Congress to guide their decision, but have discretion to go lower or higher based on the specifics of the case. More on the guidelines later.
• The Jury – If convicted at trial, the jury’s guilty verdict means the judge can impose any sentence up to the statutory maximum set by Congress for that crime. Judges can’t go higher then the max, even if they think you deserve more.
• The Prosecutor – Federal prosecutors work for the Department of Justice. They recommend a sentence to the judge. If you plead guilty, you may get a plea deal with a lower sentence recommendation.
• The Probation Officer – This person writes a presentence report investigating your background and the crime to help the judge decide your sentence. They suggest a range under the guidelines.
• The Defense Lawyer – Your attorney argues for the lowest sentence and provides mitigating info about you to the judge. If the plea deal sucks, they may fight it.
• You – The defendant can share remorse, explain mitigating circumstances, and request leniency from the judge at sentencing. Family or friends can write letters too.

The Basics of Federal Sentencing

There are a few key things that impact your federal sentence if convicted:

• Statutory Maximum Sentence – Congress sets the max penalty for each crime. For example, bank robbery has a 20 year max sentence. Judges can’t exceed it.
• Sentencing Guidelines – These are rules created by the U.S. Sentencing Commission suggesting sentence ranges based on your criminal history and specifics of the crime. More serious crimes or past convictions mean a higher range.
• Mandatory Minimums – Congress sometimes sets a mandatory minimum prison term that must be imposed for certain crimes, like 5 years for drug trafficking. Harsh but judges can’t go lower, even if they want to.
• Plea Agreements – Pleading guilty often comes with a plea deal where prosecutors recommend a lower sentence to the judge than if you lost at trial.
• Judicial Discretion – Judges aren’t required to follow the guidelines or minimums. They can go lower if they think it’s unjust. But they can also go higher up to the statutory max if they want.

Types of Sentences

There are a few main options judges have for sentencing (often combined):

• Prison – Locked up behind bars for a set amount of time. This is what most people think of with sentencing. Not fun.
• Probation – A period of community supervision instead of prison. There are conditions you must follow or you could be locked up.
• Fines – Having to pay money to the court. Sometimes in addition to prison or probation. Can be hefty.
• Restitution – Paying money to victims of your crime for their losses. Common in fraud or theft cases.
• Forfeiture – The court takes your money or property obtained illegally or connected to the crime. Bye bye fancy cars and houses.
• Community Service – Having to work for free for a certain number of hours at some charity or non-profit. Sweat it off.
• Home Confinement – Stuck at home most of the time with ankle monitoring instead of prison. Like house arrest.

How the Sentencing Guidelines Work

The sentencing guidelines are rules created by the U.S. Sentencing Commission to reduce disparity and provide recommended ranges based on:

• Offense Level – The seriousness of the crime itself and specific offense characteristics. Things like amount of financial loss or drugs, number of victims, use of a gun, etc. More serious = higher offense level.
• Criminal History – Your past record of convictions. More or serious prior crimes = higher criminal history score.

The offense level (1-43) and criminal history category (I-VI) match up on a sentencing table to give a months range the judge should consider. For example, offense level 20 and criminal history III suggests a range of 41-51 months. It’s a starting point, not mandatory.The guidelines get complex quick with all the possible adjustments and enhancements. That’s why lawyers dig into the nitty gritty details – they can impact the final range. Things like being a minor participant or accepting responsibility can lower the offense level. Obstructing justice or being a leader/organizer can increase it.Judges aren’t required to follow the guidelines, but they can’t go above the statutory maximum set by Congress no matter what the range says. Mandatory minimums also override the guidelines. And the Supreme Court said they are just “advisory.” But judges still closely consider them in most cases.

Departures and Variances from the Guidelines

There are two ways judges can impose a sentence outside the guideline range:

• Departures – Judges can adjust the offense level and range for certain factors identified by the Commission like being a minimal participant, having serious medical issues, or providing substantial assistance to the government.
• Variances – Judges have broad discretion to vary from the range if they think it’s too harsh or lenient. No specific reason is needed. The judge just considers the factors in 18 U.S.C. 3553(a) and decides the guidelines aren’t appropriate for the case.

If the judge departs or varies, they must explain why on the record. Prosecutors can appeal sentences much higher or lower then the range if they think the judge screwed up.

Plea Bargaining and Cooperation

Over 97% of federal defendants plead guilty rather than going to trial. Why? Plea deals baby! Pleading guilty early comes with big benefits:

• Charge Reduction – Prosecutors can agree to drop some charges with higher sentences if you plead to a lesser one.
• Sentence Recommendation – Part of the deal may be prosecutors recommending a more lenient sentence to the judge than if convicted at trial.
• Acceptance of Responsibility – Pleading guilty gets you a 2-3 level reduction in the offense level under the guidelines. Yay, lower range!
• Cooperation – Help convict other criminals by testifying or giving evidence about them. Substantial assistance motions from prosecutors can allow judges to go even lower than the guidelines.

The judge still gets final say, but plea deals are a huge incentive to not risk trial. Cooperating also lets you avoid the “trial penalty” – research shows people convicted at trial get much higher sentences!

Sentencing Factors Judges Consider

Federal law (18 U.S.C. 3553) tells judges to consider a bunch of factors when imposing a sentence:

• Guidelines range
• Nature and circumstances of the offense
• History and characteristics of the defendant
• Seriousness of the crime
• Just punishment
• Deterrence
• Protection of the public

The judge looks at stuff like:

• Your role in the crime – leader? minor player?
• Your motive or reasons for committing it
• How much harm you caused – money lost, people injured
• Your childhood, education, work history, mental health, addiction issues
• Whether you have family depending on you
• Remorse you express
• Needs for rehabilitation programs or treatment

Bringing up mitigating factors might persuade the judge to lower your sentence, especially if they vary or depart from the guidelines.

Conditions of Supervised Release

If you get prison time, the judge will also impose a period of “supervised release” after you get out – like parole. It’s typically 1-5 years. Supervised release can have conditions like:

• Drug testing and treatment
• Mental health counseling
• Community service
• Occupational restrictions
• Curfews
• Computer monitoring
• GPS tracking

If you violate the terms, your release can be revoked and you get sent back to prison! So follow the rules.

Appeals

If you’re unhappy with your sentence, you can appeal to challenge:

• Procedural errors by the judge
• Miscalculation of the guidelines
• Unreasonable departure or variance from guidelines
• Abuse of discretion by judge

Appeals are tough though – courts give a lot of deference to the original sentence. Most challenges fail unless the judge really messed up.

Takeaways

That covers the basics of federal sentencing! Main things to remember:

• Statutory maximums cap sentences
• Guidelines provide suggested ranges
• Mandatory minimums trump guidelines
• Plea deals mean lower sentences
• Judges have lots of discretion

Hopefully you never need to use this info! But if you face federal charges, know your options and advocate for the lowest sentence possible. Good luck!

Sources

 https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf

 https://www.law.cornell.edu/wex/sentencing_guidelines

 https://www.law.cornell.edu/wex/plea_bargain

 https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf

 https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf