Criminal Defense Lawyers

Hawaii Federal Sentencing Guidelines

Understanding Hawaii Federal Sentencing Guidelines

The Basics of Federal Sentencing Guidelines

First off, what exactly are the Federal Sentencing Guidelines? In a nutshell, they’re a set of rules that federal judges use to determine the punishment for people convicted of crimes. The guidelines consider things like:

• The seriousness of the crime
• The defendant’s criminal history
• Any mitigating or aggravating factors

The goal is to make sentencing more uniform across the board, so defendants who commit similar crimes receive similar sentences. Makes sense, right?

Offense Levels and Criminal History Points

To figure out the recommended sentence, the guidelines assign each federal crime an “offense level” from 1-43, with 1 being the least serious and 43 being the most serious. The more severe the crime, the higher the offense level.Then, the defendant is placed into one of six “criminal history categories” based on their prior convictions and the length of any previous sentences. More prior convictions = a higher criminal history category. The judge uses a Sentencing Table to find where the offense level and criminal history category intersect. That intersection shows the recommended sentencing range, in months, that the defendant should receive. For example, let’s say a defendant is convicted of a crime with an offense level of 22 and has a criminal history category of III. Looking at the Sentencing Table, the recommended sentence would be 51-63 months in prison.

Departures and Variances

Now, the guidelines are just that – guidelines. They’re not mandatory. Judges have the discretion to impose a sentence outside the recommended range if they feel there are compelling reasons to do so. This is called a “departure” or “variance.” Some common reasons a judge might depart from the guidelines:

• The defendant provided substantial assistance to the government
• The defendant’s criminal history is overstated
• The crime was committed under duress or coercion
• The defendant has shown genuine remorse and rehabilitation

On the flip side, a judge could also impose a harsher sentence than the guidelines recommend if there are aggravating factors, like the crime being particularly cruel or the defendant obstructing justice.

Hawaii-Specific Considerations

Okay, now that we’ve covered the basics of federal sentencing, let’s talk about some things specific to Hawaii.

Types of Federal Crimes in Hawaii

The most common types of federal crimes prosecuted in Hawaii include:

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• Drug trafficking, especially methamphetamine and marijuana
• Fraud, like wire fraud, mail fraud, and identity theft
• Firearms offenses
• Child exploitation crimes

Given Hawaii’s location as a gateway to the U.S. from Asia and the Pacific, drug and human trafficking crimes are of particular concern to federal law enforcement in the islands.

Sentencing Trends

In recent years, Hawaii’s federal judges have imposed slightly longer sentences, on average, compared to the national mean. According to the U.S. Sentencing Commission, in fiscal year 2020:

• The average federal sentence in Hawaii was 37 months, compared to the national average of 29 months.
• 91.4% of federal sentences in Hawaii were for crimes related to drugs, firearms, and immigration. This is higher than the national rate of 82.4%.
• Judges in Hawaii imposed sentences within the guideline range 53% of the time, compared to the national average of 51.1%. They imposed below-range sentences 43.4% of the time.

So what does this mean for you? While every case is unique, if you’re facing federal charges in Hawaii, there’s a decent chance your sentence could be on the higher end of the guideline range, especially if drugs or guns are involved. But again, a lot depends on the specifics of your case.

Unique Cultural Considerations

Hawaii is the only U.S. state with an Asian plurality. It also has the highest percentage of Native Hawaiians and other Pacific Islanders in the nation. This diversity is important to keep in mind in the context of federal sentencing.For example, let’s say a defendant grew up in a tight-knit Native Hawaiian community where corporal punishment was the norm. While this certainly doesn’t excuse criminal behavior, it could provide important context for the judge to consider at sentencing. A skilled federal defense attorney will know how to present cultural factors like this to paint a fuller picture of the defendant as a person, not just a criminal. The goal is to humanize the defendant and provide reasons for the judge to show leniency.

Practical Advice

If you’re facing federal charges in Hawaii, here are some practical tips to keep in mind:

1. Hire an Experienced Federal Defense Attorney

I can’t stress this enough – you need a lawyer who knows the ins and outs of the Federal Sentencing Guidelines and has experience handling cases in Hawaii’s federal courts. Don’t just go with the first name that pops up on Google. Do your research, ask for referrals, and meet with a few different attorneys before deciding who to hire.

2. Be Proactive in Your Defense

Don’t just sit back and wait for your sentencing hearing. Be proactive in your defense from day one. This means being upfront and honest with your attorney about the facts of your case, even if they’re not pretty. It also means taking steps to show the judge you’re serious about turning your life around, like:

• Completing substance abuse treatment
• Pursuing education or job training
• Engaging in community service
• Paying restitution to any victims

3. Prepare a Strong Sentencing Memorandum

In federal court, your attorney can submit a sentencing memorandum to the judge before your hearing. This is a golden opportunity to tell your side of the story and argue for a lower sentence. A strong memo will:

• Highlight your positive qualities and achievements
• Explain any mitigating factors in your case
• Propose an alternative sentence, like probation or home confinement
• Include letters of support from family, friends, employers, etc.

Sentencing memos are a lot of work, but they can make a real difference. I’ve seen cases where a well-written memo persuaded a judge to impose a sentence well below the guideline range. It’s worth the effort.

4. Consider Cooperating with the Government

If you have information that could help the government prosecute someone else, cooperating could be a way to get a lower sentence. Basically, you agree to testify against another defendant or help with an investigation in exchange for the prosecutor recommending a reduced sentence. Cooperation isn’t right for everyone, and it comes with risks. You need to weigh the pros and cons carefully with your attorney. But in some cases, it can be an effective way to avoid a lengthy prison term.