Federal Sentencing

Unlike sentencing in Florida state courts, where most sentences are imposed pursuant to a plea bargain, federal sentences are generally decided by a judge after a defendant has pled guilty or been convicted at trial.

It determining the appropriate sentence to impose, a judge will consider the statutory maximum penalty, any mandatory-minimum penalty, and the federal sentencing guidelines, which establish a series of escalating sentencing ranges based on the circumstances of the offense and the criminal record of the offender.

Federal Sentencing Guidelines

In considering the appropriate sentence within the statutory minimum and maximum available sentence, a federal judge is guided by a complex set of federal sentencing guidelines promulgated by the U.S. Sentencing Commission to determine an appropriate sentence.

In determining an appropriate sentence, the Court must:

1. Determine the proper guideline range,
2. determine whether to apply any of the guidelines’ departure policy statements to adjust the guideline range, and
3. Consider all the factors set forth in 18 U.S.C. § 3553(a) as a whole, including whether a variance is appropriate.

Determining the Guidelines Range

Under the federal sentencing guidelines, each felony is assigned a numerical offense base level as a starting point which can range from 1-43. The greater the level, the more severe the crime and the longer the presumptive prison sentence will be.

Once the base guidelines level is determined, the Court must then engage in a guidelines calculation to determine the permissible sentencing range for the specific defendant.

This guidelines calculation involves the consideration of the following factors:

1. Identification of the most appropriate Guidelines section for the crime(s) of conviction, based on the nature of the offense.
2. Identification of the applicable base offense level indicated by the section.
3. Addition/subtraction of offense levels per section instructions for the circumstances in the case at hand.
4. Addition/subtraction of offense levels per instructions in the Guidelines relating to:
   1. Victim related matters
   2. Culpability/Role in the offense
   3. Obstruction
   4. Multiple Counts
   5. Acceptance of responsibility
5. Calculation of the criminal history score.

Once the final sentencing guidelines range is determined, the Court will then consult with the Federal Sentencing Table to determine the presumptive sentence range under the federal sentencing guidelines.

Statutory Sentencing Considerations

After the sentencing guideline range is determined, the Court will then consider the factors outlined in 18 U.S.C. § 3553(a), which requires the Court to consider:

1. The nature and circumstances of the offense and the history and characteristics of the defendant;
2. The need for the sentence imposed to reflect the four primary purposes of sentencing, i.e., retribution, deterrence, incapacitation, and rehabilitation;
3. The available sentencing options (e.g., whether probation is prohibited or a mandatory minimum term of imprisonment is required by statute);
4. The sentencing range established through application of the sentencing guidelines and the types of sentences available under the guidelines;
5. Any relevant policy statements promulgated by the United States Sentencing Commission;
6. The need to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar conduct; and
7. The need to provide restitution to any victims of the offense.

Subjective Considerations

Once the Court has calculated the presumptive guideline sentencing range and considered the §3553 factors, the judge will then consider the positions of the various stakeholders in the case, which include:

1. The Pre-Sentence Report (PSR) and Recommendation made by probation;
2. The government’s sentencing memorandum and arguments at sentencing;
3. The defense lawyer’s sentencing memorandum and arguments at sentencing;
4. Victim Impact Statements;
5. Character Letters; and
6. The Defendant's Allocution (Statement to the Court).

Final Sentence Determination

After considering all of these factors, the Court “is to impose a sentence sufficient, but not greater than necessary to:”

1. provide just punishment for the offense;
2. to afford adequate deterrence to criminal conduct;
3. to protect the public from further crimes of the defendant; and
4. to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.

Contact Criminal Defense Lawyer Richard Hornsby

Contact Criminal Defense Lawyer Richard Hornsby if you have been charged with a federal offense in Florida.

The initial consultation is free and I am always available to advise you on the proper course of action to take.