Using Sentencing Guidelines to Your Advantage in Federal Cases in NYC

Using Sentencing Guidelines to Your Advantage in Federal Cases in NYC

Dealing with federal charges is scary stuff. Even if you’ve been in trouble before, the federal system is a whole different ballgame. The penalties tend to be a lot harsher, and the judges and prosecutors don’t mess around. It can feel like your life is over if you get wrapped up in a federal case.

But don’t panic! There are things you can do to help yourself out. The federal sentencing guidelines—yeah, those 100+ page documents that lawyers obsess over—can actually work in your favor if you understand them. I’m going to break down how you can use the guidelines to get yourself the lowest possible sentence in a federal case.

First Things First – Get a Good Federal Defense Lawyer

I know, lawyers are expensive. But trust me, having an experienced federal criminal defense attorney on your side is worth every penny. The guidelines can be crazy confusing to figure out, even for lawyers. So get someone who knows that complex world inside and out.

A good federal defense lawyer will analyze all the details of your case to build the strongest arguments to lower your sentencing range under the guidelines. They’ll also be familiar with the judges, prosecutors, and how cases typically play out in the district you’re charged in. All very valuable insight.

Understand the Basics of the Federal Sentencing Guidelines

So what exactly are these federal sentencing guidelines that lawyers obsess over? I’ll give you the quick lowdown.

The guidelines provide a formula that calculates a recommended sentencing range based on the details of a defendant’s case. Things like:

• The specific charges
• Criminal history
• Drug amounts, loss amounts in fraud cases, etc.
• Role in the offense
• Obstruction of justice
• Acceptance of responsibility

Based on all those factors, the guidelines produce a numeric score. That score corresponds to a “sentencing range” stated in months. For example, a score of 20 means a sentencing range of 33-41 months.

So in a nutshell – the higher the score, the longer the sentencing range. You want arguments to lower the score as much as possible!

Point #1 – Challenge the Specific Offense Level Calculations

The guidelines contain very detailed rules for calculating the “offense level” score for each charge. But often there are mistakes in how the prosecutors try to apply them. Or gray areas to argue over.

For example, in drug cases the offense level is largely driven by the drug quantity. But how are they determining that amount? Fingerprint evidence on packages? Informant testimony? Surveillance of hand-to-hands?

An experienced attorney will scrutinize the evidence behind the calculated drug amount. If the evidence is weak, we can argue for excluding certain amounts. Even shaving off a few kilos can make a meaningful difference in the offense level score and sentencing exposure.

For fraud charges, the key factor is the “loss amount” – meaning the financial loss suffered by victims. Again, there may be wiggle room there. Say prosecutors claim $2 million in losses based on the total deposits into bank accounts. But a lot of that money could have been from legitimate sources. By showing evidence of legitimate income, we may get the loss amount reduced significantly.

In child porn cases, the number and nature of images drives the offense level. But classification of images can be subjective. Some random detective just eyeballing images may not be accurate. Getting an independent expert to review the evidence could result in errors being corrected.

You get the idea – fight the details aggressively! Even minor factual inaccuracies can move the needle if you successfully challenge them.

Point #2 – Argue for Sentencing Reductions and Enhancements

Beyond the offense level scores, there are also potential sentencing reductions and enhancements that can impact the overall score.

For example, being a minor player in a conspiracy can mean a 2 to 4 level reduction. Providing “substantial assistance” to prosecutors in other cases may also earn up to a 5K reduction. That’s an entire 5 levels off the final score – which can translate into years less prison time.

On the flip side, enhancements like possession of a weapon, leadership role, or obstruction of justice can add offense levels and push the score way up.

An experienced attorney will consider all these factors. They’ll look for viable grounds for reductions, while also fighting against enhancements that prosecutors seek unfairly. Every offense level matters, so these arguments are critical.

Point #3 – Challenge that Criminal History Score!

Beyond the offense level, the other component of the guideline calculations is the criminal history score. Basically how many points you get for past convictions.

More points generally equals a higher sentencing range. But again, there is often room for debate here. Common issues include:

• Very old convictions that should no longer count
• Juvenile adjudications that should be excluded
• Incorrect records (i.e. a conviction attributed to you that belongs to someone else)
• Convictions from unconstitutional proceedings
• Incorrect assessment of points for past sentences

Like with the offense levels, even a 1 point reduction in the criminal history score can make a meaningful difference. Don’t let them overstate your record!

Point #4 – Argue for a “Variance” or Departure

So you’ve fought the factual details tooth and nail. Gotten adjustments and reductions. And challenged the criminal history score. But the guideline range is still pretty high.

Is there anything left to do?

Absolutely! You can argue for what’s called a “variance” or “departure” from the guidelines.

What does that mean? Basically, it’s asking the judge to go outside the calculated range and give you an even lower sentence. There has to be strong grounds for doing this – but it definitely happens.

Examples of potential grounds for a variance include:

• Overstated harm/danger from the offense
• Exceptional family circumstances
• Mental health issues
• Drug addiction
• Cooperation in other cases that doesn’t qualify for a 5K reduction
• Outstanding rehabilitation/reform efforts

Make a compelling case for one of those, and you may convince the judge to go extra low despite what the guidelines say.

It’s not easy, but it happens more than you think. Up to 40% of federal sentences end up as variances from the guidelines. So it’s absolutely worth advocating for.