In federal court, there are two ranges for sentencing. First, there is the statutory range. It is the maximum and minimum sentence allowed by law for a given offense. This range is generally quite broad. The second is determined by the United States Sentencing Guidelines. They narrow the range based on your specific case. The Guidelines are a framework that assigns points to two categories- your offense and your criminal history. Those overall point values are applied to a table that determines your sentencing range in months. You will hear this called the Guidelines range. Various factors influence the assignment of points and an understanding of how federal sentencing works is crucial. This is why it is important to have an attorney that is experienced in federal criminal law. Before you enter a guilty plea or go to trial, your attorney will spend time reviewing the Guidelines with you and will inform you what they believe your Guidelines range will be.
After a finding of guilt is entered, whether by trial verdict or through a plea, a sentencing hearing will be set. Generally, the hearing takes place three months later. This is to give the Probation Office time to prepare a Presentence Investigation Report for the judge. A different officer than the one you met with before your initial appearance will be assigned to interview you and write the report. Your attorney will attend the interview with you and can discuss any questions or concerns you have in advance of that meeting. The report, or PSR, includes a summary of the offense, an outline of your criminal history, and information about your physical and mental health, history of substance abuse, family, education, and work history. It also gives the judge information about your sentencing options, including the Probation Officer’s determination of your Guidelines range. While it will not be contained in your report, the officer will also make a recommendation to the judge of which specific sentence within your range they believe is appropriate. The judge relies heavily on the report and recommendation, so it is important that you review your PSR carefully with your attorney, who can raise any factual mistakes in or legal arguments to the report.
While judges are required to consider the Guidelines, and often do follow them, they are not bound by them. The Guidelines are but one of several factors the court will consider in fashioning your sentence. Before the hearing, your attorney or the prosecutor may file a memorandum or sentencing request that addresses those factors, or they may just speak to them at the hearing. Supportive loved ones, friends, and community contacts may write a letter on your behalf. At your hearing, the judge will ask if you wish to say anything. You do not have to speak. However, if you choose to, it is best to discuss with your attorney ahead of time what you wish to say. Sentencing can be an emotional experience, so some people choose to have their thoughts written out ahead of time to read. Your attorney can help you decide the best approach. After listening to everyone, the judge will impose your sentence.