Sentencing
Federal sentencing guidelines, in plain English
An offense level, a criminal history category and a table. How the numbers work, and why they are only the start of the argument.
You are reading: Two numbers and a table
Two numbers and a table
The guidelines turn a case into two numbers. The offense level, from 1 to 43, reflects the crime and its details. The criminal history category, from I to VI, reflects past convictions. The sentencing table crosses the two to give a range in months.
What moves the offense level
Each offense has a base level. Specific facts add or subtract levels: in fraud cases the loss amount, the number of victims and the use of special skills; in many cases a role in the offense; and, usually, a reduction for accepting responsibility.
Advisory, not mandatory
Since 2005 the guidelines have been advisory. A judge must calculate them correctly and consider them, then weigh the person's history and the other factors the law requires. The final sentence can be above, within or below the range.
Mandatory minimums are different
Some statutes set a minimum sentence the judge cannot go below, apart from narrow exceptions. Knowing early whether one applies shapes every decision in the case.
Where the defense makes a difference
Careful objections to the presentence report, an honest loss analysis and a complete mitigation record are where sentencing advocacy does its work. Most of it happens on paper, weeks before the hearing.
This article is general information about how federal matters usually work. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation turns on its own facts.