Criminal Defense Lawyers

Idaho Federal Sentencing Guidelines

Understanding Idaho Federal Sentencing Guidelines

The Basics of Federal Sentencing Guidelines

So 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 folks convicted of crimes. The guidelines consider two main factors:

1. The seriousness of the crime (aka the “offense level”)
2. The defendant’s prior criminal record (aka the “criminal history category”)

The judge looks at these two things and refers to the sentencing table to figure out a range of months the defendant could get locked up for. Seems pretty straightforward, right? Well, there’s actually a bit more to it. You see, the guidelines used to be mandatory, meaning judges HAD to sentence within the calculated range. But in 2005, the Supreme Court said “hold up, that’s not cool” in the case of United States v. Booker. Now the guidelines are considered “advisory.” Judges should still calculate and consider them, but they’ve got more wiggle room to go above or below the range if they feel it’s appropriate.

Offense Levels and Criminal History Categories

Let’s break down those two key factors a bit more. The offense level ranges from 1-43, with 43 being the most serious. It’s determined by looking up the crime in the guidelines manual and making adjustments based on specific offense characteristics, the defendant’s role, and other factors. The criminal history category ranges from I-VI. The more prior convictions you have, the higher your criminal history score, and thus the higher your category. Here’s generally how it shakes out:

• Category I: 0-1 prior convictions
• Category II: 2-3 prior convictions
• Category III: 4-6 prior convictions
• Category IV: 7-9 prior convictions
• Category V: 10-12 prior convictions
• Category VI: 13+ prior convictions

Where you land on the sentencing table is determined by the point where your final offense level and criminal history category intersect. The table lists months of imprisonment in a range, such as 41-51 months or 63-78 months. If your offense level is high enough (generally 43), the guidelines may recommend life in prison. Yikes.

Departures and Variances

“But wait,” you might be thinking, “what if there are special circumstances in my case?” No worries, the guidelines thought of that too! Judges can “depart” from the guidelines and give a sentence outside the range if certain mitigating or aggravating factors are present that the Sentencing Commission didn’t adequately consider when crafting the guidelines. Some common downward departure reasons that could lead to a lower sentence include:

• The defendant provided substantial assistance to the government in investigating or prosecuting another person
• The crime was committed under coercion or duress
• The defendant’s criminal history category over-represents the seriousness of their criminal record

On the flip side, some upward departure reasons that could increase a sentence are:

• The crime resulted in death or serious bodily injury
• The defendant’s criminal history category under-represents the seriousness of their past crimes
• The offense involved an especially vulnerable victim

In addition to departures, after the 2005 Booker decision, judges can also “vary” from the guidelines based on the factors listed in 18 U.S.C. § 3553(a). These include things like the nature and circumstances of the offense, the history and characteristics of the defendant, the need for the sentence to reflect the seriousness of the crime and promote respect for the law, and the need to avoid unwarranted sentencing disparities. If a judge varies, they still calculate the guidelines but ultimately give a sentence outside the range because they believe it’s more appropriate after considering all the 3553(a) factors.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Mandatory Minimums and Maximums

Another important thing to know is that some federal crimes carry mandatory minimum sentences set by Congress. If you’re convicted of one of these crimes, the judge’s hands are tied and they MUST give you at least the mandatory minimum, even if the guidelines range is lower. Some common examples are:

• 5 year mandatory minimum for possession with intent to distribute 28 grams or more of crack cocaine (21 U.S.C. § 841(b)(1)(B))
• 10 year mandatory minimum for possession of a firearm in furtherance of a drug trafficking crime or crime of violence (18 U.S.C. § 924(c))
• 15 year mandatory minimum for possession of a firearm by a convicted felon with three prior convictions for violent felonies or serious drug offenses (18 U.S.C. § 924(e))

On the other end of the spectrum, most federal crimes also have a statutory maximum sentence. Even if your guidelines range is higher, the judge can’t go above the maximum set by law. For example, the max for bank robbery is 20 years (18 U.S.C. § 2113(a)). If your guidelines range was 360 months to life, 240 months (20 years) would be the most you could get.

The Importance of Plea Bargaining

Now I know this all probably sounds pretty darn complicated and scary. But here’s the thing – the vast majority of federal criminal cases don’t actually go to trial. Instead, they’re resolved through plea bargains. A plea bargain is basically a deal between the prosecution and defense where the defendant agrees to plead guilty, usually in exchange for the prosecutor recommending a lower sentence or dismissing some of the charges. Plea bargaining is a whole other can of worms, but it’s important to understand in the context of sentencing. In a lot of cases, the sentence you get is heavily influenced by the terms of your plea deal. The prosecutor might agree to:

• Recommend a sentence at the low end of the guidelines range
• Recommend a downward departure
• Not oppose your request for a downward variance
• Dismiss or not bring additional charges that could increase your offense level or trigger a mandatory minimum

So while the judge still has the final say, the plea bargaining process plays a huge role in determining your sentence. That’s why it’s so important to have an experienced federal criminal defense lawyer in your corner to negotiate the best deal possible.

How Federal Sentencing Works in Idaho

Okay, so now that we’ve covered the federal sentencing guidelines in general, let’s talk about how they play out specifically in Idaho. For starters, Idaho is part of the Ninth Circuit, along with Alaska, Arizona, California, Hawaii, Montana, Nevada, Oregon, and Washington. The Ninth Circuit has its own set of local rules and policies that can impact sentencing. For example, the Ninth Circuit has a “fast track” program that allows for reduced sentences in some immigration cases to help ease the caseload in border districts. In Idaho, most federal criminal cases are handled by the U.S. District Court for the District of Idaho. The District of Idaho has courthouses in Boise, Coeur d’Alene, and Pocatello. Cases are assigned to one of the district’s judges, who will be responsible for sentencing if there’s a conviction.

Presentence Investigation and Report

After a guilty plea or guilty verdict at trial, the judge will order a presentence investigation and report (PSR) to be prepared by a probation officer. The PSR includes a detailed account of the offense, the defendant’s criminal history, personal background, and other relevant information. It also calculates the guidelines range and identifies any factors that could warrant a departure or variance. The PSR is super important because it’s what the judge relies on most heavily in determining the sentence. The prosecution and defense both have a chance to object to anything in the PSR they disagree with. These objections are typically resolved at the sentencing hearing before the judge imposes the final sentence.

Sentencing Hearing

At the sentencing hearing, the judge will consider the PSR, any objections, and arguments from the prosecution and defense. Victims also have the right to be heard. After considering all the information, the judge will decide whether to sentence within the guidelines range, depart, or vary based on the 3553(a) factors.The judge must explain the reasons for their decision and advise the defendant of their right to appeal. In most cases, the sentence is imposed right then and there, but the judge can also postpone sentencing to a later date if needed.

Serving the Sentence

If you’re sentenced to federal prison time, you’ll likely be placed in a facility operated by the Federal Bureau of Prisons (BOP). The BOP has institutions all over the country, but there are a few in Idaho:

• Federal Correctional Institution (FCI) Englewood in Littleton, Colorado (the closest to Idaho)
• FCI Sheridan in Sheridan, Oregon
• FCI Terminal Island in San Pedro, California

Your security level and specific facility will be determined by the BOP based on factors like the length of your sentence, your offense, and your criminal history. You’ll get credit for any time already served in jail, but unlike state prison, there’s no parole in the federal system. You’ll have to serve at least 85% of your sentence before being eligible for release.

Navigating the Federal Sentencing Process

Phew, that was a lot of information! I know it can all feel overwhelming, but the key is to take things one step at a time. Here are some practical tips for navigating the federal sentencing process:

1. Hire an experienced federal criminal defense attorney as soon as possible. Look for someone who has handled cases similar to yours and knows the ins and outs of the guidelines.
2. Be honest with your attorney about your criminal history and any aggravating or mitigating factors in your case. The more they know, the better they can advocate for you.
3. If you’re offered a plea deal, carefully review the terms with your attorney. Make sure you understand the charges you’re pleading to, the likely guidelines range, and any waivers you’re being asked to sign.
4. Be proactive in gathering character letters and other evidence to support a request for a lower sentence. Your attorney can help you identify what types of information could be persuasive to the judge.
5. Stay on top of deadlines and court dates. Federal judges expect timeliness and professionalism from attorneys and defendants alike.
6. If you’re sentenced to prison, take advantage of BOP programs like drug treatment, education, and job training. They can help you make the most of your time and potentially earn early release credits.
7. Keep the lines of communication open with your attorney even after sentencing. You may need their help in filing an appeal or a post-conviction motion if appropriate.

Remember, every case is unique and there’s no one-size-fits-all approach to federal sentencing. But arming yourself with knowledge, being proactive, and having a strong legal team can go a long way in achieving the best possible outcome. I hope this overview has been helpful in demystifying the federal sentencing process in Idaho. It’s a tough road to navigate, but with the right information and support, you can get through it one step at a time. Wishing you all the best moving forward!