How Federal Sentencing Guidelines Impact Texas Cases

How Federal Sentencing Guidelines Impact Texas Cases

The federal sentencing guidelines have a big impact on criminal cases in Texas. Here’s an overview of how they work and what they mean for defendants.

What are the federal sentencing guidelines?

The federal sentencing guidelines are rules created by the United States Sentencing Commission to promote fair sentencing across the country. They provide a range of recommended sentences based on the defendant’s criminal history and the nature of the crime committed.

The guidelines assign points for different factors like the type of offense, the defendant’s role, and their past record. More points mean a longer sentence recommendation. Judges use the guidelines to determine prison terms for federal offenses.

When did the guidelines start?

Congress created the Sentencing Commission in 1984. The first set of guidelines took effect November 1, 1987. At first, courts had to follow the guidelines when imposing sentences. But in 2005, the Supreme Court ruled in United States v. Booker that the guidelines can’t be mandatory.

Now judges must consider the guidelines but also have discretion to impose sentences outside the recommended range. But judges still closely follow the guidelines in most cases.

How do the guidelines work?

The guidelines provide sentencing ranges based on the offense level and criminal history category. There are 43 offense levels, with higher levels for more serious crimes. For example:

• Level 6 includes minor assault, low-level drug possession
• Level 20 includes robbery, manslaughter
• Level 43 is for terrorism, murder, treason

There are six criminal history categories, from I to VI. Higher categories are for defendants with more extensive records. The offense level and history category give a sentencing range in months.

For instance, a level 20 offense and category I history means 33-41 months. But the same offense at category VI is 84-105 months. Judges pick a sentence within the range.

What are some key guidelines factors?

Some of the main things that impact the guidelines calculation:

• Drug quantity – More drugs means more points
• Role – Leaders/organizers get more points than smaller players
• Victim impact – Harm to victims adds points
• Acceptance of responsibility – Pleading guilty early reduces points
• Criminal history – More extensive records increase points

Enhancements can be added for things like: use of a weapon, vulnerable victim, abuse of trust. Defendants get credit if they accept responsibility and cooperate.

What are departures and variances?

A “departure” is when the judge imposes a sentence outside the guideline range. Departures are allowed if the court finds an aggravating or mitigating factor that the guidelines don’t adequately address. For example, a downward departure may be justified if the defendant had a minor role in the offense.

A “variance” occurs when the court simply exercises its discretion to go outside the guidelines. After Booker, courts can vary from the guidelines if they don’t reflect the factors in 18 U.S.C. § 3553(a). For instance, a judge may issue a lower sentence if the guideline range seems too high compared to the § 3553 factors.

How do the guidelines impact federal cases in Texas?

Texas has four federal court districts – Northern, Southern, Eastern, and Western. Each district has its own unique caseload and sentencing practices. But some overall observations:

• Drug and immigration offenses make up a large portion of federal cases in Texas.
• Judges in Texas districts tend to follow the guidelines closely in most cases.
• Downward variances and departures do happen, but not extremely frequently.
• Texas judges rarely go above the guideline range.
• Texas federal sentences tend to be longer than the national average.

This means Texas federal defendants often face stiff sentences driven by the drug quantity and immigration guidelines. But the specific facts of each case make a difference. An experienced federal criminal defense lawyer can argue for variances and departures when appropriate.

What are some key Texas federal sentencing issues?

Some of the top sentencing issues that arise in Texas federal cases:

• Drug couriers – Debating whether the defendant was just a courier or played a larger role
• Illegal re-entry – Arguing for a variance from the high guideline range
• Cooperation – Negotiating substantial assistance departures for cooperating
• Fast track – Getting lower sentences through early plea deals in immigration cases
• Mandatory minimums – Avoiding mandatory drug and gun sentences

An experienced lawyer understands the complex sentencing guidelines and laws and can advocate effectively on the client’s behalf. Thorough investigation and preparation is key.

Conclusion

While the guidelines are advisory, they still have a very significant influence on federal sentencing in Texas. The defense must carefully analyze the guidelines and argue for the lowest sentence based on the facts and circumstances of each case.

With an in-depth understanding of the guidelines, federal criminal law, and the federal courts in Texas, a skilled lawyer can craft persuasive and creative arguments to help clients achieve the most favorable outcome possible.

[1] https://www.ussc.gov/guidelines
[2] https://texascriminaldefensegroup.com/federal-criminal/sentencing-guidelines/
[3] https://www.ussc.gov/sites/default/files/pdf/about/overview/Overview_Federal_Sentencing_Guidelines.pdf
[4] https://www.ussc.gov/research/sourcebook-2022
[5] https://www.ussc.gov
[6] https://www.tellezlaw.com/federal-sentencing-guidelines-southern-district-of-texas/