According to statistical data released by the United States Sentencing Commission in January 2024, there were approximately 156,532 individuals incarcerated within the Federal Bureau of Prisons (“BOP”) throughout the United States. Of those individuals, approximately 90.2% pleaded guilty to the crime(s) for which they were charged. However, before an individual makes the decision to enter a plea of guilty, it is essential that the individual understands the sentencing process in federal criminal cases which greatly differs from the sentencing process in state criminal cases.
Brief History of the Federal Sentencing Process
Many of the federal sentencing guidelines and policies currently in effect were established by the Sentencing Reform Act of 1984. This Act set forth several processes and procedures for federal sentencing courts to follow and also established the United States Sentencing Commission. The United States Sentencing Commission is an independent agency within the judicial branch of our federal government system, tasked with developing and establishing sentencing guidelines and policies for federal courts to follow.
When the Sentencing Reform Act was initially enacted, federal judges were required to follow the mandatory sentencing guidelines established by the United States Sentencing Commission. However, this process proved itself to be detrimental in certain cases, as it stripped federal judges of the ability to utilize discretion in their sentencing decisions. This often resulted in judges being forced to sentence an individual to a term of incarceration that was unnecessary based on the facts of the offense and the personal characteristics of the individual. To combat this issue, almost 20 years after the Sentencing Reform Act was first enacted, the United States Supreme Court changed the sentencing guidelines from mandatory to advisory in United States v. Booker, 543 U.S. 220 (2005). Although the change requires federal sentencing judges to consider the sentencing guidelines in an advisory manner, the judges are now able to deviate from the sentencing guidelines, when proper.
United States Sentencing Guidelines (USSG)
The United States Sentencing Guidelines (USSG) is the starting point, so to say, in the federal sentencing process. Although no longer mandatory, the guidelines must be considered in an advisory manner throughout the sentencing process. Statistical data gathered and analyzed by the United States Sentencing Commission revealed that ¾ or 75% of cases within the federal court system are sentenced within the sentencing guidelines.
The beginning of the federal sentencing process generally involves a presentence investigation interview by a federal probation officer. The information gathered during the interview is normally used in the preparation of a presentence report (“PSR”). The PSR is very detailed in nature and includes information such as: (1) the criminal offense or relevant conduct for which the defendant was determined to be guilty of; (2) the criminal history of the defendant; personal information (e.g., educational background, familial history, substance abuse, financial circumstances, etc.); (3) aggravating or mitigating factors; (4) the statutory range of punishment; (5) a calculation of relevant sentencing guidelines; and (6) any bases or explanation supporting a sentence outside the applicable guideline range. All of these topics and issues are relevant to the sentencing court’s ultimate determination of the sentence to be imposed.
Once all the foregoing information is collected by the federal probation officer, the officer will utilize the information in order to come up with an initial sentencing guideline calculation, which provides an applicable range of punishment for which an individual could be sentenced within. This calculation is based on the total offense level and criminal history category of the defendant. The guideline range is determined through the use of the Sentencing Table contained below:
The applicable sentencing guideline range is wherever the offense level and criminal history category intersect. For example, if an individual has an offense level of 15 with a criminal history category of II, the applicable sentencing guideline range for that individual would be 21-27 months.
Although 75% of federal criminal cases are sentenced within the applicable sentencing guideline range, courts have the ability and discretion to sentence an individual to a term outside the guideline range through an upward or downward “departure” or “variance.” A departure is a sentence that is outside of the guideline range, authorized by the sentencing guideline manual. A variance is a sentence that deviates from the calculated range based on the court’s discretion. Variances are permissible since the sentencing guideline is only advisory, as opposed to mandatory.
Additional Statutory Provisions
In addition to the sentencing factors and guidelines set forth in the USSG, sentences imposed or handed down in the federal court system are also required to consider factors set forth in Chapter 18 of the United States Code, Section 3553 (18 U.S.C. § 3553). In considering those factors, a sentencing court is prohibited from imposing a sentence that is that is greater than necessary to:
(a) reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense;
(b) afford adequate deterrence to criminal conduct;
(c) protect the public from further crimes of the defendant; and
(d) provide the defendant with needed education or vocational training, medical care, or other correctional treatment in the most effective manner.
The factors sentencing courts are required to consider includes, but is not limited to:
1. the nature and circumstances of the offense and the history and characteristics of the defendant;
2. the kinds of sentences available (e.g., home detention; probation; incarceration; etc.);
3. pertinent or applicable policy statements; and
4. the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.
USSG vs. Statutory Limits
Although the sentencing guidelines provide federal sentencing courts discretion in the sentence they ultimately impose, the imposed sentence is not allowed to usurp or supersede statutory sentencing limits for the charged offense. This means that if an offense comes with a statutory minimum sentence, the court is not allowed to sentence the individual to anything less than the minimum, even if the sentencing factors warrant such a sentence. To the same extent, if an offense carries a statutory maximum sentence, the sentencing court is not allowed to impose a sentence that exceeds the maximum sentence allowed, no matter how bad the sentencing factors and considerations may be.
However, there are certain situations wherein certain statutory enhancements or reductions can change the statutory minimum and maximum punishment such as: (1) the Armed Career Criminal Act (which can increase the sentence for certain individuals previously convicted of certain felony offenses); (2) Safety Valve (which allows sentencing courts to ignore mandatory minimum sentences and follow the United States Sentencing Guideline for certain specific qualifying individuals); or (3) a “substantial assistance” reduction (may apply in the event there is assistance/cooperation with the investigation or prosecution of another individual.)
CALL THE SWANSON LAW FIRM TODAY!
If you or a loved one have been accused of a federal criminal offense, it is important to seek the advice and guidance of an experienced and knowledgeable attorney as soon as possible. Certain facts and nuances can change the entire trajectory of a federal criminal proceeding and greatly impact the ultimate outcome. The Swanson Law Firm has the requisite knowledge and experience to provide exceptional service and representation in federal criminal cases. Call us today to schedule your free consultation.
Comments