Federal Criminal Defense
Federal Sentencing
Sentencing is its own contest. The advisory range under the U.S. Sentencing Guidelines is only the starting point - a thorough sentencing presentation can shape where, within and sometimes below that range, a sentence falls.
How a federal sentence is calculated
The court first determines an advisory Guidelines range based on the offense level and criminal history. It then weighs the statutory sentencing factors and may impose a sentence within, above, or below the range. Mandatory minimums, where they apply, set a floor that the Guidelines analysis must account for.
- Offense level, adjustments, and acceptance of responsibility
- Criminal history category
- Statutory sentencing factors under 18 U.S.C. § 3553(a)
- Departures and variances from the advisory range
Building a sentencing presentation
Effective sentencing advocacy treats the defendant as a whole person. It documents history, character, and circumstances, challenges Guidelines calculations that overstate the offense, and gives the court concrete reasons to impose a fair sentence. The presentence report is scrutinized and, where warranted, contested.
Departures, variances, and mitigation
The defense may seek a departure under the Guidelines or a variance based on the statutory factors. Mitigation - from the nature of the conduct to rehabilitation and the collateral consequences of a sentence - is presented so the court has a complete view before it decides.
Prior results and recognitions do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Answers
Frequently asked questions
General information about federal sentencing. It is not legal advice. Every case turns on its own facts.
Are the Sentencing Guidelines mandatory?
What is the presentence report?
Can a sentence be below the Guidelines range?
Facing a federal investigation or serious charges?
Speak directly with George G. Mgdesyan about your situation. Consultations are confidential, and the sooner you call, the more can often be done.