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If you or a loved one have been charged with a federal crime, having an experienced federal defense sentencing lawyer on your side can make all the difference when it comes to the outcome of your case. Sentencing advocacy is a critical yet often overlooked part of defending federal criminal cases. This article provides an overview of federal sentencing laws and how a knowledgeable federal defense attorney can help advocate for the most favorable sentence possible under the circumstances.

How Federal Sentencing Works

Up until the mid-1980s, federal judges had wide discretion when it came to determining criminal sentences. However, concerns over sentencing disparities led Congress to pass the Sentencing Reform Act as part of the Comprehensive Crime Control Act of 1984. This law established mandatory minimum penalties for certain federal crimes and also created the United States Sentencing Commission.

The role of the Sentencing Commission is to promulgate sentencing guidelines that federal judges are required to consider when determining sentences in criminal cases. The Federal Sentencing Guidelines provide a calculation based on the severity of the crime and the defendant's criminal history to arrive at a sentencing range. While judges have more flexibility after the Supreme Court's decision in United States v. Booker made the guidelines "advisory" rather than mandatory, they still exert substantial influence over federal criminal sentences in practice.

The Importance of Sentencing Advocacy

Given the complexities of federal sentencing laws and guidelines, having an attorney who understands this framework and can effectively advocate for the lowest sentence possible is critical. Unfortunately, some defense lawyers make the mistake of focusing most of their efforts on obtaining an acquittal at trial and do not devote sufficient attention to developing a sentencing strategy in the event of a conviction.

But the reality is that less than 5% of federal criminal cases go to trial, with over 90% resolved by guilty plea. Therefore, sentencing advocacy should be a top priority right from the start of any federal criminal case. Even if preparing for the possibility of trial, defense counsel cannot afford to wait until after a guilty verdict to begin formulating sentencing arguments.

How a Federal Defense Lawyer Can Help with Sentencing

So what exactly can an experienced federal defense attorney do when it comes to advocating for the most favorable sentence? Here are some of the most important ways skilled sentencing advocacy makes a difference:

1. Advisory Sentencing Guideline Calculation

Your defense lawyer will thoroughly examine the Federal Sentencing Guidelines to calculate the sentencing range that applies in your specific case. Determining the advisory guideline range requires a deep understanding of how various factors affect the calculation under the guidelines.

These factors include things like:

• The nature of the charged offense
• The loss amount or drug quantity involved
• Your role in the offense
• Whether certain sentencing enhancements apply
• Your criminal history score
• Acceptance of responsibility