Federal Sentencing Process & Blueprint

Mitigation During Federal Sentencings

At a federal criminal sentencing, an experienced criminal defense lawyer plays a critical role in persuading a federal court judge to issue a lenient sentence. The sentencing phase is crucial in federal court because, unlike state court, a federal sentence is not “promised” at the time of the plea.  Rather, after an individual pleads guilty in federal court, substantial work takes place to ensure a sentencing court will issue a “below-guidelines” sentence.

Overview

Typically after a few months after a guilty plea or conviction, a federal judge will sentence you. This is the most crucial stage in the process.

When entering a guilty plea, it is highly important that your federal defense attorney bargain in a way that limits your enhancements and lowers your guidelines to set the stage for successful sentencing. This may include

• convincing a prosecutor that certain enhancements do not apply,
• highlighting that certain convictions do not count towards a criminal history calculation,
• or that only a specific, less severe count of the indictment should cover the plea.

At the time of your plea, or after a trial, your federal defense attorney and government prosecutor will generally come to terms regarding your potential guidelines, which are advisory for a federal judge.

From that point, a presentence investigation report (PSR) will also be conducted. This, too, requires the assistance of a seasoned defense attorney to assure that you are properly prepared for this crucial interview, which will lead to a report that is given great weight by federal judges.

Finally, a sentencing package will include voluminous mitigation material, from facts about your role in the matter, to character letters, to certain medical documentation, all of which pave the way for the court to depart downward or vary from the advisory guidelines.

At a federal sentencing hearing, your defense attorney will present arguments as to just why a federal judge should sentence an individual to probation only, or a below-guidelines sentence. 

1. Prepare a Thorough Sentencing Memorandum

• Sentencing Guidelines Analysis: A lawyer will review the U.S. Sentencing Guidelines, which provide a recommended sentencing range based on factors like the offense, the defendant’s criminal history, and any aggravating or mitigating circumstances. The lawyer will analyze how the guidelines apply to the case and seek to minimize the impact of any aggravating factors.
• Present Mitigating Factors: A sentencing lawyer will present any mitigating circumstances that could lead to a more lenient sentence. This could include the defendant’s background, remorse, acceptance of responsibility, cooperation with authorities, family support, or other personal factors.
• Support from Experts or Character Witnesses: The attorney might gather supporting letters from family, friends, or colleagues and even present expert testimony (e.g., from a psychologist or social worker) to demonstrate the defendant’s potential for rehabilitation.

2. Argue for a Below-Guidelines Sentence

• Although the sentencing guidelines offer a starting point, judges have discretion to impose a sentence above or below the recommended guidelines range, which are now advisory as opposed to mandatory, pursuant to the Supreme Court’s decision in United States v. Booker, 543 U.S. 220 (2005).
• A skilled lawyer will present arguments for a sentence lower than the guideline range, citing factors such as:
  • Acceptance of Responsibility: If the defendant has shown genuine remorse and has taken responsibility for their actions.
  • Lack of Prior Criminal History: If the defendant is a first-time offender, the lawyer will emphasize this to argue for a more lenient sentence.
  • Personal Circumstances: Health issues, family responsibilities, or any other factors that make a long sentence particularly harsh for the defendant.
  • Substantial Assistance to Authorities: If the defendant has cooperated with law enforcement or prosecutors, the lawyer will argue for a reduced sentence under the "substantial assistance" provision.

3. Highlight Rehabilitation Efforts

• A lawyer will also seek to provide evidence of the defendant's efforts at rehabilitation, such as attending drug or alcohol treatment programs, completing educational courses, or participating in counseling. Showing that the defendant has taken steps to address the underlying issues that led to their criminal behavior can help mitigate the severity of the sentence.
• If there are any drug or alcohol issues at play, a meticulous lawyer will also petition the Court to authorize RDAP or NRDAP for the client, which can substantially lessen a prison sentence.

4. Negotiate with Prosecutors

• Prior to sentencing, a defense attorney may engage in discussions with the prosecution to negotiate for a more favorable sentence. This could involve discussing any cooperation the defendant has provided, whether any motions for a reduced sentence (such as a 5K motion) might be appropriate, or whether there’s room for a plea agreement that reduces the charges or potential penalties.

5. Address Victims’ Impact

• If there are victim impact statements, a good lawyer will acknowledge the harm caused by the crime, show empathy, and explain how the defendant has been affected by the situation. At times, they may seek to humanize the defendant and show that the person has learned from their mistakes and is committed to making amends.

6. Prepare for and Deliver Oral Arguments

• At the sentencing hearing, a criminal defense lawyer will finally present their case to the judge. some text
  • Arguing for leniency: The lawyer will argue for a sentence at the lower end of the guidelines or even below the guidelines based on the client’s personal history, character, and the nature of the crime.
  • Emphasizing the defendant’s remorse and plans for the future: This might include showing that the defendant has expressed genuine remorse and is working to change their life through education, counseling, or employment.
  • Mitigating the impact of aggravating factors: If there are any aggravating factors, such as the severity of the crime or a history of prior offenses, the lawyer will attempt to provide context that may mitigate their impact.

7. Present Alternative Sentencing Options

• If the sentence is likely to be long, a good lawyer might advocate for alternatives such as house arrest, probation, or a halfway house, particularly if the defendant is unlikely to pose a danger to society. For certain offenses, the lawyer may argue for a sentence that includes time served, a sentence reduction for good behavior, or a sentence focused more on rehabilitation (e.g., drug treatment programs, vocational training).

Representative Matters at The Law Offices of Jason Goldman

United States v. Clyde Hall, 21-cr-290 (MKV) - Recently, our firm obtained a significant victory at a federal sentencing for an individual who was facing a difficult sentencing in the southern district of New York (cite to press page Clyde Hall). We put together a persuasive package which ultimately led to a downward departure and a concurrent sentence for a client in his 80s.

United States v. De La Torre, 21 CR 554 (NRB) - A Southern District of New York matter, Jason Goldman successfully handled Mr. De La Torre’s federal sentencing, achieving a non-jail sentence despite significant guidelines. We were able to use a doctor to provide an expert report as it pertained to Mr. De La Torre’s cognitive decline at the time he engaged in a tax fraud scheme.

In summary, The Law Offices of Jason Goldman works strategically to minimize the sentence by presenting strong mitigating factors, advocating for alternatives to incarceration where appropriate, negotiating with prosecutors, and helping the judge understand the full context of the defendant’s life and actions.

Contact The Law Offices of Jason Goldman

If you are facing federal sentencing, it is imperative that you hire a vigorous and meticulous defense attorney in Manhattan, Brooklyn, Bronx, Queens, and Staten Island to craft a convincing sentencing submission and make persuasive arguments to win over a federal court judge determining your fate. Doing so could lower your prison term significantly or even result in a probation-only sentence. Contact The Law Offices of Jason Goldman today.