Life Sentence Federal Crimes.

To determine whether (or when) federal offenders face life in prison, the attorneys at Spodek Law Group reviewed the pertinent pages of the federal criminal statutes. Based on this review, we can identify a significant (but non-exhaustive) subset of offenses, including murder, kidnapping, and sex trafficking, that are currently eligible to carry a life sentence.

Under the reviewed pages, there are dozens of offenses that carry a maximum sentence of life imprisonment. The following are four pertinent examples:

• Federal Murder: Under 18 U.S.C. § 1111(a), murder is the unlawful killing of a human being with malice aforethought; murder in the first degree is defined there, and § 1111(b) provides death or life imprisonment for first-degree murder and imprisonment for any term of years or life for second-degree murder within the special maritime and territorial jurisdiction of the United States.
• Federal Kidnapping: Section 1201 authorizes imprisonment for any term of years or life for qualifying federal kidnapping, and death or life imprisonment if the death of any person results.
• Sex Trafficking: Section 1591 authorizes imprisonment for 15 years to life when force, threats of force, fraud, or coercion is used or the victim is under 14, and imprisonment for 10 years to life when the offense is not so effected and the victim is at least 14 but under 18.
• Other Federal Offenses: In addition to the examples above, other offenses are also subject to life imprisonment, such as violations involving drugs and weapons, and 18 U.S.C. § 1111(b) authorizes life imprisonment for first- or second-degree murder within the special maritime and territorial jurisdiction of the United States.

It is also important to note that some federal statutes only authorize life imprisonment, rather than mandate it, following a judge’s finding of appropriate grounds to impose the offense’s maximum punishment. This means that even when a federal offense is eligible to carry a life sentence, the fact that the defendant is guilty of the offense is not enough to make the sentence inevitable.

Of course, even when the underlying offense is eligible for life imprisonment, there are several cases that have been cleared for review where federal sentencing enhancements apply. These enhancements can also have a bearing on the life sentence that is to be imposed.

How do federal maximums, minimums, and guidelines shape life-sentence exposure?

The federal guidelines are a set of sentencing recommendations promulgated by the U.S. Sentencing Commission (USSC) and applicable for sentencing offenders in federal district courts. The guidelines calculate a recommended sentence, the “federal sentencing guideline range”, based on a variety of the offense’s characteristics (e.g., amount of drugs in drug cases, amount of money involved in financial fraud cases) and the defendant’s prior criminal history. While federal guideline ranges are influential, the U.S. Supreme Court has established that they are advisory rather than automatically binding on federal judges in federal sentencing cases. In federal cases, a federal judge can impose a sentence that falls within the recommended federal sentencing guideline range, or they can depart or vary from it.

In addition to (and with the exception of) the federal sentencing guidelines, federal sentencing statutes may impose mandatory minimum terms of incarceration for the successful prosecution of certain offenses. This means that in certain cases, convicted offenders must serve at least a minimum term in prison, with no possibility for early release unless a statutory relief provision is triggered. For life-eligible offenses, these mandatory minimum terms may either be life imprisonment itself or just below that mark.

In addition to imposing mandatory minimum terms, some federal sentencing statutes impose statutory enhancements that can significantly increase a federal defendant’s exposure to life imprisonment as well. These enhancements can either increase a defendant’s mandatory minimum or increase the maximum penalty that the sentencing court is permitted to impose.

What, exactly, do the terms “statutory maximum” and “mandatory minimum” mean? The maximum sentence that Congress allows for a particular federal offense (and that the sentencing court can impose) is known as the offense’s “statutory maximum.” The lowest sentence that the sentencing court is permitted to impose (unless the defendant can trigger a statutory relief provision) is the offense’s “mandatory minimum.”

Statutory minimums and maximums work in concert with federal sentencing guidelines to bound federal judges’ sentencing authority in federal criminal trials and guilty plea cases. While calculations based on the federal sentencing guidelines provide a certain recommended sentence for federal offenders, the calculations cannot override the sentencing minimums and maximums imposed in applicable federal sentencing statutes. Instead, these statutory bounds will set the outer edges of the range of sentencing options available to the presiding judge.

If the federal sentencing guidelines calculation for an offender’s federal sentence falls outside of the applicable statutory minimums or maximums, the court will have to choose from the limited range of punishments within the statutory boundaries in order to reach a legal verdict.

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Why can a plea agreement or consecutive firearm count change the outcome?

Before a federal criminal case goes to trial, federal prosecutors and defense attorneys may resolve the case through a plea agreement. Under a plea agreement, a defendant will plead guilty to criminal charges (or reduced criminal charges) in exchange for sentencing consideration. If the plea agreement involves charges or sentencing enhancements that can lead to life imprisonment, reaching a negotiated resolution with federal prosecutors can dramatically lower the sentencing stakes for the defendant.

In cases where the federal sentencing guidelines recommend life imprisonment (and where the statute authorizes life imprisonment), a defendant’s federal criminal exposure can also increase as a result of a consecutive firearm count under 18 U.S.C. § 924(c). 18 U.S.C. § 924(c) imposes firearm penalties if the unlawful possession or use of a firearm meets the criteria of the statute. The statute allows prosecutors to pursue convictions in separate counts from underlying convictions, and it requires a convicted defendant’s firearm sentence to run consecutively to the sentence of the offense(s) for which they committed the conduct.

In addition to requiring a consecutive firearm sentence, 18 U.S.C. § 924(c) also establishes specific federal firearm sentencing minimums. Depending on the nature of the unlawful possession or use of a firearm and the type of offense(s) that the firearm was used to facilitate, the mandatory firearm minimum under 18 U.S.C. § 924(c) can include five, seven, or ten years, with higher minimums in some circumstances.

Along with federal offenses that can carry a life sentence, separate federal convictions of other offenses can also lead to cumulative federal sentencing exposure across multiple counts. A federal judge may impose consecutive sentences when authorized or required by statute, and those sentences may produce an aggregate term exceeding the defendant’s life expectancy.

With respect to 18 U.S.C. § 924(c) violations, the First Step Act changed the stacking rules for those who have a record of prior qualifying federal or state firearm offenses. As specified in the law, the First Step Act limited the 25-year repeat-offender enhancement under 18 U.S.C. § 924(c) to cases involving a prior § 924(c) conviction that had become final, rather than multiple § 924(c) counts charged in the same case. Instead, these previous convictions will no longer trigger an automatic federal sentence extension on top of the sentencing consequences for any firearm violation under 18 U.S.C. § 924(c).

After a federal life sentence, which routes can alter custody or the judgment?

If a federal defendant is convicted or sentenced to life imprisonment, they may want to pursue one of the appellate and release-related remedies available to them. The primary and initial step after a federal life sentence is often a federal appeal. A federal appeal is a request to a higher appellate court to review a lower district court’s decision; although it is not a “do-over” of the trial and will not involve a re-examination of the original trial evidence, the appellate court still has the authority to reverse a conviction, alter a sentence, or order a retrial.

Along with pursuing a federal appeal, some federal defendants may look for ways to avoid federal prison time entirely or shorten the time they must serve in federal prison. With this in mind, defendants should consider whether they may be eligible for parole or supervised release.

However, federal parole is generally not an option for defendants who were convicted of federal offenses committed after November 1, 1987. On that date, parole was abolished under the 1984 Comprehensive Crime Control Act. Since then, offenders convicted of federal crimes have been subject to serving their entire federal term of incarceration, without the possibility of early release under parole.

Instead, once a federal prisoner whose sentence includes a term of supervised release is released from custody, they will be subject to “supervised release” under the supervision of the U.S. Probation Office. Although a federal defendant’s term of supervised release may look like parole, it is legally distinct. Supervised release is not an early release option; instead, it is a period of supervision that follows the completion of the defendant’s term of federal incarceration.

Finally, although generally not an option, Section 3582(c)(1)(A) allows qualifying prisoners to petition for a reduction in their federal sentence due to “extraordinary and compelling reasons.” This is known as “compassionate release,” and it allows some prisoners to receive a reduced sentence due to certain medical or age-related circumstances.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.