South Carolina Federal Sentencing Guidelines
Contents
Understanding South Carolina Federal Sentencing Guidelines
The Basics of Federal Sentencing
First off, it’s important to understand that federal judges have to follow the Federal Sentencing Guidelines when deciding on a sentence.1 These guidelines were created back in the 80s to try to make sentencing more consistent across the country.4
Here’s the gist of how the guidelines work:
- Every federal crime is assigned a base offense level, from 1-43. The more serious the crime, the higher the level.17
- The judge then looks at specific characteristics of the crime to see if the level should be adjusted up or down. Things like how much money was involved in a fraud case, or if a gun was used in a robbery.7
- The defendant’s criminal history is also a big factor. There are six criminal history categories, from I (little to no record) to VI (lengthy record).711
- The judge uses a sentencing table to find the range of months that matches up with the final offense level and criminal history category.17 For example, an offense level of 22 with a criminal history category of I would mean 41-51 months in prison.12
So in a nutshell, the meat of the guidelines is the offense level + criminal history category = sentencing range. But hang on, because it’s not quite that simple.
Mandatory Minimums & Maximums
For certain crimes, Congress has set mandatory minimum and maximum sentences that the judge has to stick to, regardless of what the guidelines say.4 Drug cases are the big one where this comes into play. In South Carolina, mandatory minimums for drug trafficking can be pretty harsh. For example:18
- Trafficking 10-100 lbs of marijuana = mandatory 1-10 years
- Trafficking 100-2,000 lbs of marijuana = mandatory 25 years
- Trafficking 10-28 grams of cocaine/heroin = mandatory 3-10 years
- Trafficking 28-100 grams of cocaine/heroin = mandatory 7-25 years
So if the guidelines say 41-51 months for a drug offense, but the mandatory minimum is 5 years, the judge‘s hands are tied – it has to be at least 5 years. Same goes if there‘s a mandatory maximum that‘s lower than what the guidelines recommend.
Departures & Variances
The guidelines are meant to be, well, guidelines. They’re not set in stone. Judges can depart from the guideline range if there are mitigating or aggravating circumstances that aren’t fully captured by the guidelines.1Some common reasons a judge might depart downward:
- The defendant played a minor role in the offense
- The defendant cooperated with authorities
- The defendant has significant family responsibilities
- The defendant has mental or physical health issues
And some reasons they might depart upward:
- The crime resulted in significant harm or loss
- The defendant was a leader or organizer
- The defendant obstructed justice
- The defendant’s criminal history is underrepresented
There’s no set formula for departures – it’s up to the judge to decide how much to deviate from the guidelines based on the specific facts of the case. In South Carolina, judges tend to be somewhat conservative with departures compared to other parts of the country.20 Judges can also vary from the guidelines based on the overall purposes of sentencing, like the need to protect the public, deter crime, or rehabilitate the offender.1 These variances don‘t require the same specific justification as departures.
Real Talk About Federal Sentencing
No two cases are exactly alike, and judges have a lot of discretion to do what they think is right within the framework of the law. So while the guidelines provide a starting point, the final sentence is going to depend a lot on the specific judge and the unique facts of the case. That said, there are some general trends we can point to in South Carolina. Compared to other districts, judges here tend to be pretty “guidelines-compliant,” meaning they stick fairly close to the recommended range.20 That’s especially true for drug and gun cases, which make up a big chunk of the federal docket. According to the most recent data from the US Sentencing Commission, the average sentence for a federal drug trafficking case in South Carolina was about 92 months (7.5 years).15 For comparison, the national average was about 76 months. So we‘re a bit higher than the norm.For gun cases, the average sentence in SC was 64 months, compared to 50 months nationally.15 Again, a bit on the high side. Of course, those are just averages – there‘s a wide range of sentences in any given category. It all comes down to the specifics of the case.
If you‘re facing federal sentencing in South Carolina, the best advice I can give you is to work closely with your lawyer to put together the strongest possible case for a lower sentence. That means:
- Making sure all the guideline calculations are done correctly. Mistakes can happen, and they can make a big difference.
- Gathering evidence of mitigating factors that could justify a downward departure or variance. Think character letters, proof of employment, health records, etc.
- Considering whether cooperation with the government is an option. It’s not for everyone, but it can lead to a significant sentence reduction in some cases.
- Being realistic about what’s possible. In most cases, some prison time is going to be required. It’s important to have a clear-eyed view of the likely outcome.
At the end of the day, federal sentencing is a high-stakes and complex process. But with a good lawyer and a proactive approach, it’s possible to advocate for a fair outcome – even in a tough jurisdiction like South Carolina.