PA 06 · Practice area
Federal sentencing
After a plea or a verdict, the sentence is often the most important number in the case. The guidelines are the starting point, not the end of the argument.
We handle sentencing for our own clients and for people who resolved their case with other counsel. Federal sentencing is a written process as much as a hearing: the presentence report, the objections, the mitigation report and the sentencing memorandum often decide more than the day in court.
Usually for
People who have pleaded guilty or been convicted in federal court, and families helping them prepare.
You are reading: Is this you?
Is this you?
It may be time to call if…
- You have pleaded guilty or were found guilty at trial.
- A presentence interview with the probation office is scheduled.
- You received a draft presentence report and the objection deadline is close.
- You are weighing a plea and want to understand your likely range first.
Where this sits in a federal case
Where this work usually happens.
Marked on the rail: plea discussions; sentencing; and appeal. Select any stage to read what it means in our plain-language guide.
What we do
Five things, in roughly this order.
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1
Check the guideline math
Offense level, loss, role, acceptance of responsibility and criminal history are each tested. Small changes in the calculation move the range.
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2
Prepare the presentence interview
We attend with you and make sure the report reflects your history accurately, including health, family and work.
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3
Build the mitigation record
A mitigation report, medical and employment records, and letters from people who know you show the court the whole person.
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4
Write the sentencing memorandum
We argue for the sentence that fits, using the factors the law requires the judge to weigh, including reasons for a sentence below the range.
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5
Plan what comes next
Self-surrender dates, facility recommendations, treatment programs, restitution schedules and, where there are issues, a timely appeal.
This week
What to do, and what to leave alone.
Do
- Gather medical, employment and family records early.
- Ask letter writers now, and give them guidance on what helps.
- Keep working, volunteering and meeting every release condition.
Avoid
- Attending the presentence interview without your lawyer.
- Letters that argue the case or minimize the offense.
- Posting anything about the case or the victims.
General information, not legal advice for your situation. Speak with a lawyer before acting.
A former finance manager prepares for sentencing after a plea
Modest result
- Situation
- He pleaded guilty to one count. The draft presentence report used a loss figure higher than the plea agreement assumed.
- What we did
- Our objections reduced the loss figure, and our mitigation report documented his caregiving responsibilities.
- How it ended
- The court sentenced him within the guideline range, at its low end, and recommended the facility we requested.
An illustration with details changed and no names, courts or cases. Every matter turns on its own facts; past results do not guarantee any outcome. See all example matters, including ones that went against us.
Questions
What people ask us first.
Are the sentencing guidelines mandatory?
No. Since 2005 they have been advisory. Judges must calculate them correctly and consider them, along with the other factors the law lists, and then decide the sentence.
What is a mandatory minimum?
Some statutes set a minimum sentence the judge cannot go below, except in narrow situations the law allows. Whether one applies is one of the first questions we answer.
What is the presentence report?
A report written by a probation officer covering the offense, your history and a proposed guideline calculation. Both sides can object before the judge relies on it.
Confidential consultation
Talk to us about sentencing.
A short, confidential call is often enough to learn where you stand and what to leave alone this week. Do not send details through the form; we will cover them by phone.
Please do not send case details through any website form or by email. We cover them by phone or in person, under privilege.
Consultation line: 7 days, 7:00 a.m. to 10:00 p.m. If a search or an arrest is happening now, call at any hour.