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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

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How Do The Federal Sentencing Guidelines Work?

What are Federal Crimes?

These are a violation of laws or statutes enacted by the U.S. Congress. Federal crimes differ from state crimes in the sense that the latter are a violation of laws or statues enacted by a local authority or the state legislature. Federal crimes are more concerned with addressing nationwide criminal activity.
Examples of Federal Crimes
• Bank robbery
• Band fraud
• Counterfeiting
• Small business loan fraud
• Merchant cash advance fraud
• Civil rights offenses
Mail fraud
• Health care fraud
• Firearms offenses
History of Federal Sentencing
Before 1987, federal judges sentenced persons depending on their individual cases. Judges had discretion to hand out maximum penalties. This system was such that there was a great difference between the sentences hand down to individuals situated in different places. These differences were addressed by the setting up of the United States Sentencing Commission that was responsible for developing a standardized sentencing system. This commission enacted sentencing guidelines that outlined uniform sentences for all federal crimes. These guidelines provide that an individual sentence should be based on the type of offense charged and an individual’s criminal history.
In 2005, significant changes were made to the federal sentencing process. The Supreme Court in Booker stated that the guidelines for sentencing were not mandatory and also changed the process of appeal for a federal sentence. This means that federal judges do not have to sentence a defendant following the sentencing guidelines. However, they must take these guidelines into account when sentencing.
The Federal Sentencing Process
If a defendant pleads guilty, it always results from a plea agreement. This is an arrangement between the prosecutor and defendant on what action the defendant is going to accept guilt and what the sentencing shall be. The defendant will then confess their guilt to the judge in what is referred to as the allocution.
Pre sentence Report
Following the allocution, your case is headed towards sentencing. First, the U.S. Department of Probation arranges for a pre-sentence interview. During the interview, the probation department drafts a pre-sentence report (PSR) and the defendant is given an opportunity to correct the report if there are any omissions or mistakes. Thereafter, the PSR is handed to the judge and contains a recommendation on the suitable sentence for the defendant’s crime.
The Sentencing Memorandum
The defendant is afforded the opportunity to justify their actions before the court through their criminal attorney. The defendant’s attorney presents to the court a sentencing memorandum that persuades the judge that the defendant should get a lesser sentence because of the nature of the defendant and the circumstances that led to the crime.
The Sentencing
After the judge receives the pre sentence report, prosecutor’s recommendation and sentencing memorandum, he/she is ready to issue a sentence. A judge may choose to follow the sentencing guidelines or depart up or down when issuing a verdict. Some of the factors that a judge considers before sentencing include:
• Whether the defendant is a repeat offender or first time offender
• Whether the defendant was the main offender or an accessory (assisting the main offender)
• Whether the defendant performed their criminal actions under duress or great personal stress
• Whether somebody was hurt
• Whether the criminal act was done in a way that would not have resulted in anyone getting hurt
• Whether the defendant was cruel, destructive or vindictive when committing the crime
• Whether the defendant is remorseful

How Do The Federal Sentencing Guidelines Work?

When sentencing someone in a federal case, the judge uses Federal Sentencing Guidelines. These guidelines are set by Congress to establish minimum and maximum time of imprisonment according to preset criteria. While the guidelines offer important oversight, the rules are somewhat flexible. It means that judges may also deviate from the Federal Sentencing Guidelines based on the particular circumstances of a case.
To determine the length of a prison sentence, the guidelines take into account two factors:
  1. The seriousness of the crime
  2. The criminal history of the person who committed the crime.

The Seriousness of the Crime

The seriousness of the crime is one of the main factors that determine the length of a sentence. The sentencing guidelines offer 43 levels of offense that can either sentence a person to less than a month or put them in prison, forever.

43 Base Offense Levels

To determine the severity of a crime the judge looks at the base level. There are 43 base levels. The base offense level is the starting point. For instance, the base level for trespassing is 4 while the base level for kidnapping is 32. Based on the base offense level, a kidnapper will get a lengthier prison sentence than a trespasser.

Charcateristics of the Offense

It is important to understand that base levels are just a starting point. The judge can increase or decrease the base level. Let’s take a look at the following examples to understand this concept:

  • Fraud is a 7 base offense level. However, it doesn’t make sense to give similar sentences to a person involved in a $6,000 fraud and another person charged with a $50,000 fraud. Based on the degree of financial loss, there is to be a 2 offense level increase to the sentence of a person involved in a $6,000 fraud and a 6 offense level increase to the person charged with a $50,000 fraud. Under these circumstances, the final offense level is 9 points and 13 points in two different cases.
  • Robbery is a 20 base offense level. If a robber threatened the plaintiff with a gun, the judge can add 5 levels to the base offense level. Similarly, if the weapon was discharged in a robbery, even if it didn’t result in injury or death, the judge may add 7 offense levels to the base level. Accordingly, the offense level will increase to 25 and 27 levels based on two different scenarios.

Adjustments in Offense Level

Despite the existing guidelines on offense level, a judge can increase or decrease the level subject to certain conditions. For instance, anyone convicted on multiple counts will likely receive a higher level because there is more than one conviction. If additional counts are significant, the most serious offense is taken as a base level and other counts are added incrementally.
Judges can also reduce the offense level if the offender truthfully admitted the role, made restitution before the guilty verdict, or pled guilty.

Criminal History

Criminal history is the second important factor the determines the overall length of imprisonment. Based on the past criminal record, the judge assigns a specific category, ranging from I to IV, to each offender.
Category I is assigned to someone who doesn’t have a criminal background. On the other hand, a habitual criminal, who has committed several crimes, may be given, Category 6. The higher the category, the higher the probability of getting a lengthy sentence.
Take a look at the example in the previous section. Let’s assume that there are two people involved in a robbery and both of them used a weapon. One of them is a first-time offender while the other is a hardened criminal with a history of crimes. While the judge will assign each robber 25 points, 20 points for robbery, and 5 points for threatening with a gun, the final offense level will be higher for the hardened criminal.
In simple words, federal sentencing guidelines also consider the criminal history of the perpetrator when determining the length of imprisonment.

The Guideline Range

The length of the term is determined in months.
A sentencing table offers an easy-to-understand visual guideline for the judge. There are usually six columns in a sentencing table indicating the criminal history level from I to IV. Similarly, there are 43 rows, each reflecting the offense level from 1 to 43.
The point at which the criminal history level and the offense level intersects defines the total number of months of imprisonment.
Taking guidance from the sentencing table, this is how a judge may determine the imprisonment guideline range:
Person A:
No Criminal History – Category I
Offense Level – 25
Guideline Range for Category I and Offense Level 25 is 57 to 71 months imprisonment.
Person B:
Hardened Criminal – Category VI
Offense Level – 25
Guideline Range for Category I and Offense Level 25 is 110 to 137 months imprisonment.

The Final Verdict

Federal Sentencing Guidelines are established to offer consistency and to make it easier for the judges to determine the length of imprisonment. Despite these guidelines, judges can select to depart from the range. This usually happens if the judge determines that a particular case falls outside the normal range. In doing so, they still need to provide a reason to deviate from the range.
For the prosecutors to make a sensible judgment on any case they preside on, they must follow specific guidelines. Such guidelines ensure a fair verdict whenever there is a case.
Mostly, the judgment can be severe on the defendant and favorable at times. What determines the level of the harshness are the Federal Sentencing guidelines. Read on for a better understanding of how Federal Sentencing Guidelines work.
In the past, judges were subject to some different guidelines from the federal ones. Unfortunately, they could not go beyond them when making their decisions regarding a case. They used to calculate and ensure that their decisions fell within the limit.
Fortunately, ten years ago, the Supreme Court decided that the guidelines were unnecessary because they limited the judges’ decisions. The judges were left with little room to exercise their jurisdiction.
Today, the judges can comfortably make decisions (Severe or less severe) by either going above or below the law. Such guidelines are effective to the defendant because they help in determining how harsh the judgment should be.
The federal sentencing Guidelines help to establish an offense level. The offense level intends to determine the level of seriousness of the offense committed. It also considers the criminal’s past offense history record. The historical record helps decide how frequently the offender has been in criminal offenses.
However, besides other considerations, the essential thing is the seriousness of the offense. If the crime committed is too severe, the defendant’s chances of getting a fair verdict are minimal compared to a less intense/harmful violation that cannot command a harsh verdict. The defendant’s criminal history also plays a significant role in determining the kind of judgment delivered. Here is how it works.

· Base Offense level

Each crime always has a starting point. According to federal guidelines, the base level is the starting point of each offense. The seriousness of the crime determines the base level. For instance, when robbers steal $40 Million from a bank, and other robbers also steal $10 Million from another bank, those who stole $40 Million will face a serious base level.

· Specific Nature of the offense

The base level is determined by several hidden factors that you may not know unless you understand law concepts. You can only understand them better through your attorney if you have the right one. Using the above instance, if the robbers had other crude weapons at the time of the act, the offense will increase in levels. Assuming it was at level one, it will grow to level two because of the weapons.

· Accommodates adjustments

As the cases progress, the judge can make other considerations. For instance, the court may want to figure out the role the offenders played in the crime and other victim-related adjustments. Such considerations help the court in determining the kind of treatment to give the case.

What happens when the defendant is guilty?

According to federal guidelines, the offense levels can reduce to either two or three if the judge figures out that the defendant has accepted offense responsibility. That is a scenario that may not occur in other countries’ courtrooms.

Impacts of Federal sentencing guidelines

The advantage of the policies is that they create room for reducing sentencing variances during sentencing. They also make reasonable level ground for delivering judgment. When the judges stick to the guidelines, the defendant’s or victim’s rights violation will be minimal.
The guidelines also make it possible to know who should be in prison under harsh treatment and who should not. For instance, defendants who commit serious crimes are likely to be sentenced harshly coupled with cruel treatment in prison. With less critical cases, one gets subtle punishments, such as engaging them in community service.
Even though many argue that federal guidelines are the best, they have received a high criticism level. For instance, its opposers say that many offenders are less violent in federal prisons, yet they don’t pose any threat to the state. They suggest that the best thing is that face cheap forms of punishment as other sentencing guidelines dictate.

Conclusion

From the above information, you can derive how effective federal guidelines are when making a verdict. But as a defendant or a victim, you need a knowledgeable attorney who understands how to make them favor you.
For a better understanding, visiting this site. Probably your attorney is misguiding you with a lot of theories that you may not understand. So understanding how the guidelines work will enable you to know when and where they are applicable.
For the prosecutors to make a sensible judgment on any case they preside on, they must follow specific guidelines. Such guidelines ensure a fair verdict whenever there is a case.
Mostly, the judgment can be severe on the defendant and favorable at times. What determines the level of the harshness are the Federal Sentencing guidelines. Read on for a better understanding of how Federal Sentencing Guidelines work.
In the past, judges were subject to some different guidelines from the federal ones. Unfortunately, they could not go beyond them when making their decisions regarding a case. They used to calculate and ensure that their decisions fell within the limit.
Fortunately, ten years ago, the Supreme Court decided that the guidelines were unnecessary because they limited the judges’ decisions. The judges were left with little room to exercise their jurisdiction.
Today, the judges can comfortably make decisions (Severe or less severe) by either going above or below the law. Such guidelines are effective to the defendant because they help in determining how harsh the judgment should be.
The federal sentencing Guidelines help to establish an offense level. The offense level intends to determine the level of seriousness of the offense committed. It also considers the criminal’s past offense history record. The historical record helps decide how frequently the offender has been in criminal offenses.
However, besides other considerations, the essential thing is the seriousness of the offense. If the crime committed is too severe, the defendant’s chances of getting a fair verdict are minimal compared to a less intense/harmful violation that cannot command a harsh verdict. The defendant’s criminal history also plays a significant role in determining the kind of judgment delivered. Here is how it works.

· Base Offense level

Each crime always has a starting point. According to federal guidelines, the base level is the starting point of each offense. The seriousness of the crime determines the base level. For instance, when robbers steal $40 Million from a bank, and other robbers also steal $10 Million from another bank, those who stole $40 Million will face a serious base level.

· Specific Nature of the offense

The base level is determined by several hidden factors that you may not know unless you understand law concepts. You can only understand them better through your attorney if you have the right one. Using the above instance, if the robbers had other crude weapons at the time of the act, the offense will increase in levels. Assuming it was at level one, it will grow to level two because of the weapons.

· Accommodates adjustments

As the cases progress, the judge can make other considerations. For instance, the court may want to figure out the role the offenders played in the crime and other victim-related adjustments. Such considerations help the court in determining the kind of treatment to give the case.

What happens when the defendant is guilty?

According to federal guidelines, the offense levels can reduce to either two or three if the judge figures out that the defendant has accepted offense responsibility. That is a scenario that may not occur in other countries’ courtrooms.

Impacts of Federal sentencing guidelines

The advantage of the policies is that they create room for reducing sentencing variances during sentencing. They also make reasonable level ground for delivering judgment. When the judges stick to the guidelines, the defendant’s or victim’s rights violation will be minimal.
The guidelines also make it possible to know who should be in prison under harsh treatment and who should not. For instance, defendants who commit serious crimes are likely to be sentenced harshly coupled with cruel treatment in prison. With less critical cases, one gets subtle punishments, such as engaging them in community service.
Even though many argue that federal guidelines are the best, they have received a high criticism level. For instance, its opposers say that many offenders are less violent in federal prisons, yet they don’t pose any threat to the state. They suggest that the best thing is that face cheap forms of punishment as other sentencing guidelines dictate.

How Does Federal Sentencing Work?

Federal sentencing guidelines are a set of rules federal judges must follow, or at least consider, when sentencing someone found guilty of committing a federal crime. Enacted to provide federal judges with consistent and fair maximum and minimum sentencing ranges to refer to when delivering a sentence, these guidelines take the seriousness of the crime, the offender’s criminal record, and other characteristics into account.
The guidelines are not mandatory. However, federal judges are advised to consider and follow them. Any judge who deviates from the guidelines by imposing a harsher or more lenient sentence than the guidelines dictate must explain their reason for doing so.

How Sentencing Guidelines Work

Established in 1984 by the United States Congress, the United States Sentencing Commission developed the United States Sentencing Guidelines Manual. In the manual, a specific calibration of sentences is laid out according to total offense level and defendant criminal history.
According to the guidelines, most federal crimes are assigned an offense level from one to 43. The greater the severity of the crime, the higher the number. Federal criminal defendants are also assigned a number from one to six based on their past criminal history.
The criminal history and offense level numbers are then plotted on a sentencing table. The offense level is plotted on the vertical axis, while the criminal history number is plotted horizontally. An offender’s sentencing range is determined by the point in which they intersect.
Federal judges are advised to deliver a sentence within the guideline range. If not, they must defend their position and state their reason for doing so by identifying any extenuating circumstances or factor overlooked by the Sentencing Commission (United States v. Booker, 543 U.S. 220 (2005).

Offense Levels

As discussed above, offense levels are based upon the seriousness of the crime. There are 43 levels of seriousness. Every offense has a base offense level. At the top of the spectrum with a offense level of 43 is first-degree murder. Burglary of a residence, on the other hand, has an offense level of 17.
These levels, however, are just base levels. In other words, they are just a starting point. To determine a final offense level, any adjustments and specific offense characteristics must be added or subtracted from the base offense level.

Offense Level Adjustments

Adjustments are specific factors generally applicable to any offense, and they have the power to decrease or increase the offense level.
Some examples of offense level adjustments include:
• Two level increase if the defendant obstructed justice
• Two level increase if the defendant knew the victim was underage or suffering from a mental or physical condition
• Two level decrease if the defendant clearly accepts responsibility
• Three level increase if the crime was motivated by hate
• Four level decrease if the defendant was a minimal participant

Specific Offense Characteristics

For specific offenses, there may be particular factors or characteristics that can raise the offense level. Therefore, these “specific offense characteristics” can also affect a judge’s sentencing.
Some examples of special offense characteristics include:
• One level increase if a burglary results in loss above $5,000
• Five level increase if a burglary results in loss above $1,500,000
• Five level increase if a firearm was brandished during a robbery

Criminal History

The second major element of the sentencing guidelines is the criminal history of the offender. Offenders are assigned to one of six different criminal history categories. These categories are based upon the recency of past crimes and the length of the sentences handed down. Category I is for first-time offenders and those with less serious criminal records.

Departures from the Guidelines

Lastly, a judge must consider whether or not there are any mitigating or aggravating circumstances not taken into account by the Sentencing Commission when formulating the guidelines (18 U.S.C. § 3553(b)). If a judge determines such a circumstance exists, a sentence can be given below or above the guideline range. However, the reason for doing so must be stated in writing.

Appealing a Federal Sentence

If you have been sentenced in a federal court, you have a constitutional right to appeal the verdict or sentencing decision. Decisions made in federal district court can be appealed by filing a motion with the United States Circuit Court of Appeals. If your appeal has already been heard by the Circuit Court, you can take your appeal to the Federal Supreme Court. However, they rarely grant permission to hear appeals cases.

Your Federal Criminal Defense Team

While sentencing in federal and state criminal cases is quite similar, there are important procedural differences that require the expertise of an experienced federal attorney. Federal investigators are persistent in finding the information needed to build a case against you. You need an attorney who will be even more persistent in your defense.
Regardless of the specifics of your case, our criminal defense attorneys have a wealth of experience defending clients in both state and federal cases. We are here to protect your best interests and ultimately your freedom, so call or contact us today.
The federal sentencing guidelines are the rules that set the sentencing policy for defendants convicted of committing federal crimes under the United States Federal Court System. The guidelines were initially created in 1987. The guidelines have set out a clear calibration of sentences depending on the veracity of crime committed. It is the role of the judge to scrutinize the crimes committed and compare them with the guidelines provided to determine the sentencing for the defendant. These guidelines are however not mandatory. However, if a judge decides to use his or her own discretion instead of following the guidelines, he or she must explain what factors made him come to that decision. If it is a sentence increase or decrease, there must be a clear reason why it was done.
If you are convicted of a federal crime or someone close to you has been convicted either through a trial or pleading guilty, it is necessary to know how the sentence to be handed over will be arrived at. For a federal crime, judges must follow the federal sentencing guidelines. The guidelines are created by an independent commission known as the Sentencing Commission and set the sentencing that different federal crimes should carry. As a convict, it is important to understand the sentencing that you will probably get so that you can decide whether it is admissible or an appeal is required.
The federal sentencing guidelines were created after the Congress passed the Sentencing Reform Act of 1984 to create a standard sentencing manual that will be used by all judges. There was concern that judges from different jurisdictions where rendering too lenient and others too much sentencing. The manual award points depending on factors such as the defendants a criminal history, how the crime was committed, and the type of crime committed. A defendant who gets one point only is given the minimum sentencing of six months in jail, and one who grades the maximum 43 points automatically receives a life sentence. Although the guidelines are meant to be mandatory, some judges consider them too harsh or too rigid to be applied in practice.
The federal sentencing guidelines are therefore considered as advisory and not mandatory. What this means is that judges can consult the manual, but they do not have to impose a sentence based on it. Also, under the federal sentencing guidelines, a judge is not allowed to enhance a sentence. Enhancement is only permitted when the defendant accepts to have committed a crime, or a grand jury has verified that the charges were true. For instance, a judge may enhance sentencing for a defendant who confesses injuring a person in the process of committing another crime. In this case, the defendant must have agreed that the injury occurred or a jury concluded the defendant caused the injury.
When a federal judge is making considerations on the sentence to hand over to a convict, some factors need to be taken into account. What is the criminal record of the defendant? If a person has never been convicted in the past for criminal case, they are likely to get shorter sentencing. However, if the defendant has committed lots of crime in the past, the history will be used to hand over longer sentencing.
The judge must also look at the crime committed. For instance, if a defendant was involved in bank fraud, they will look at other cases involving fraud and they will try to show whether the current case is adverse or lenient.
The judges will also consider whether the defendant was convicted through trial or after a guilty plea. A different who has pleaded guilty is likely to enjoy a few points deducted based on the federal sentencing guidelines. However, if a crime affected many victims, the chances are that the judges will add the points resulting in longer sentencing. So as a defendant, you are supposed to work with a seasoned attorney who understands the basic framework of the law and will help you in getting the most deserved sentencing.
Appeal and withdraw of a guilty plea
Under the federal criminal system, a defendant is allowed to withdraw a guilty plea or even appeal a case after conviction. However, there are guidelines that must be observed when the courts are deciding whether to allow withdrawal of a guilty plea to happen. Such a move should be made within a short time after the guilty plea has been made and the defendant proves beyond reasonable doubt that the guilty plea was made out of an error. Factors such as the innocence of the defendant or a change in law are considered when a withdrawal of a guilty plea is being heard. For an appeal, the defendant must file a notice of appeal within ten days after conviction and then provide a written brief within 30 days. The prosecution will also have 30 days to respond to the appeal before the appellate judges start to hear the case.

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