Criminal Defense Lawyers

Oregon Federal Sentencing Guidelines

Understanding the Oregon Federal Sentencing Guidelines

The Basics: What are the Federal Sentencing Guidelines?

The Federal Sentencing Guidelines were created in 1987 to bring more consistency and fairness to the sentencing process in federal courts across the country.1 Before the guidelines, judges had much more discretion in determining sentences, which sometimes led to big disparities in punishments for similar crimes.Under the guidelines, sentences are based on two main factors:

1. The seriousness of the offense
2. The defendant’s criminal history

Crimes are assigned a base offense level, which is then adjusted up or down based on specific characteristics of the offense and the offender. The final offense level is cross-referenced with the defendant’s criminal history category to arrive at a sentencing range, expressed in months. It’s important to note that while judges must consider the guidelines, they are not bound by them. In 2005, the Supreme Court ruled that the guidelines are advisory, not mandatory.2 However, judges must still take them into account and explain their reasoning if they choose to depart from the recommended range.

How Offense Levels are Determined

The first step in calculating a sentence under the guidelines is to determine the base offense level for the crime. This is done by referring to Chapter Two of the Guidelines Manual, which lists hundreds of federal crimes and their corresponding base offense levels.3 For example, the base offense level for bank robbery is 20. But that’s just a starting point. The offense level can then be increased or decreased based on specific offense characteristics, such as:

• The amount of money stolen
• Whether a weapon was used
• Whether anyone was injured
• The defendant’s role in the offense (leader, organizer, minimal participant, etc.)

These adjustments are laid out in the Guidelines Manual and can have a big impact on the final sentencing range. Let’s say our hypothetical bank robber stole $100,000 and brandished a gun during the robbery. Those two factors would increase the offense level by 7 points, resulting in a final offense level of 27.

Criminal History Categories

The other key factor in determining a sentence under the guidelines is the defendant’s criminal history. The guidelines assign each defendant to one of six criminal history categories based on their prior convictions and the length of any previous sentences.4 Category I is for defendants with little or no criminal history, while Category VI is reserved for those with extensive criminal records. The higher the criminal history category, the longer the recommended sentence will be for a given offense level.Here’s a quick breakdown of the criminal history categories:

• Category I: 0-1 criminal history points
• Category II: 2-3 points
• Category III: 4-6 points
• Category IV: 7-9 points
• Category V: 10-12 points
• Category VI: 13 or more points

One criminal history point is assigned for each prior sentence of less than 60 days, while 3 points are added for each prior sentence of more than 1 year and 1 month. There are also additional points for crimes committed while under any criminal justice sentence, including probation, parole, or supervised release.

The Sentencing Table

Once the final offense level and criminal history category have been determined, the judge consults the Sentencing Table to find the recommended sentencing range.5 The table is essentially a grid, with offense levels on the vertical axis and criminal history categories on the horizontal axis. The intersection of those two factors yields a range of months that the judge can use as a starting point for determining the sentence. For instance, a defendant with an offense level of 27 and a criminal history category of III would face a recommended sentence of 87-108 months (about 7-9 years) in prison. But remember, the judge has the discretion to depart from that range if they find that there are aggravating or mitigating circumstances that the guidelines don’t adequately take into account.

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2024-03-21

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Departures and Variances

While the guidelines aim to promote consistency in sentencing, they also recognize that every case is unique. That’s why judges are allowed to depart from the recommended sentencing range in certain situations.There are two main types of departures:

1. Upward departures, which result in a sentence above the guideline range
2. Downward departures, which result in a sentence below the guideline range

Departures can be based on factors that are already taken into account by the guidelines, such as the defendant’s role in the offense or the amount of loss involved. But they can also be based on factors that the guidelines don’t consider, such as:

• The defendant’s age or health
• The defendant’s family responsibilities
• The defendant’s mental or emotional condition
• The defendant’s cooperation with authorities

In addition to departures, judges can also vary from the guidelines based on the factors set forth in 18 U.S.C. § 3553(a), which include things like the nature and circumstances of the offense, the history and characteristics of the defendant, and the need for the sentence to reflect the seriousness of the offense and provide just punishment.Variances don’t require the same level of justification as departures, but the judge must still explain their reasoning on the record.

Plea Bargains and the Guidelines

The vast majority of federal criminal cases are resolved through plea bargains rather than trials. And the guidelines play a big role in plea negotiations between prosecutors and defense attorneys. In many cases, the parties will agree to a specific sentence or sentencing range as part of the plea deal. This is known as a “stipulated sentence” or a “Rule 11(c)(1)(C)” plea. If the judge accepts the plea agreement, they are bound to impose the agreed-upon sentence, even if it falls outside the guideline range. In other cases, the plea agreement will simply state that the parties agree to a particular offense level or guideline range. The judge is not bound by that agreement, but it can still have a significant impact on the final sentence.It’s important to have an experienced defense attorney who understands the guidelines and can negotiate effectively with prosecutors to reach a favorable plea deal. A skilled attorney may be able to get certain charges dropped or reduced, or argue for a lower offense level based on mitigating factors.

The Role of the Probation Officer

Before sentencing, the court’s probation office will prepare a Presentence Investigation Report (PSR) on the defendant. The PSR includes a detailed account of the offense, the defendant’s criminal history, and other relevant information that the judge will consider in determining the sentence. The probation officer will also calculate the defendant’s offense level and criminal history category under the guidelines and recommend a sentencing range. Both the prosecution and the defense have the opportunity to object to the PSR and argue for a different guideline calculation. While the judge is not bound by the probation officer’s recommendations, the PSR is still an important document that can have a big impact on the final sentence. That’s why it’s crucial to review the PSR carefully and raise any objections or corrections before sentencing.

Serving the Sentence

Once the judge has determined the sentence, the defendant will be required to serve it in a federal prison, unless the judge allows for an alternative such as home confinement or community service.Federal sentences are typically served in full, with limited opportunities for early release. Defendants can earn up to 54 days of “good time” credit per year for following prison rules and participating in programs, but they must still serve at least 85% of their sentence.After release from prison, most defendants will be required to serve a term of supervised release, which is similar to probation. During supervised release, the defendant must follow certain conditions set by the court, such as reporting to a probation officer, submitting to drug tests, and not committing any new crimes. If the defendant violates the conditions of supervised release, they can be sent back to prison to serve all or part of the remaining term.

Appealing the Sentence

If the defendant believes that the judge made a mistake in calculating the guideline range or imposing the sentence, they have the right to appeal to a higher court. But appeals in federal criminal cases are difficult to win, and the appellate court will only overturn the sentence if they find that the judge made a clear error or abused their discretion. In some cases, the defendant may be able to challenge their sentence through a motion under 28 U.S.C. § 2255, which allows them to argue that their sentence was imposed in violation of the Constitution or laws of the United States. But these motions are also difficult to win and are subject to strict time limits. That’s why it’s so important to get things right at the sentencing stage, with the help of an experienced and knowledgeable defense attorney.

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