How Long Is Federal Sentencing

How Long Is Federal Sentencing

You pleaded guilty or were convicted and want to know how long federal sentencing hearing will take. Federal sentencing hearings typically last 30 minutes to 2 hours depending on case complexity, number of objections to PSR, whether sentencing guidelines are disputed, and how much evidence both sides present. Simple cases with agreed PSR and no disputes might take 30-45 minutes. Complex cases with multiple objections, evidentiary hearings on disputed facts, extensive victim impact statements, or departures and variances can take several hours or even full day. Beyond the hearing itself, federal sentencing process from conviction to sentencing takes 60-90 days to allow probation office time to prepare Presentence Investigation Report, for parties to object and respond, and for judge to review materials.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We’ve represented clients at federal sentencings ranging from brief straightforward hearings to complex multi-hour proceedings. Understanding timeline and what affects hearing length helps you prepare for this critical stage. How long sentencing takes is less important than what happens during sentencing – the arguments made, evidence presented, and judge’s ultimate decision determine your punishment.

Timeline From Conviction to Sentencing

Day of conviction or guilty plea – judge schedules sentencing hearing for 60-90 days later. This delay allows probation office time to prepare PSR. Probation officer assigned to prepare PSR interviews you within days of conviction, usually at detention facility if you’re in custody or at probation office if released. Officer gathers information: criminal history, education, employment, family background, financial situation, health, substance abuse history. Officer reviews case documents, offense conduct, loss calculations. Within 35 days before sentencing, probation office provides draft PSR to defense and prosecution.

Within 14 days of receiving draft PSR, defense files written objections to any factual errors, guideline calculations, or sentencing recommendations. Prosecution files its objections. Probation office issues revised PSR responding to objections – agreeing with some, rejecting others with explanations. At least 7 days before sentencing, defense files sentencing memorandum arguing for below-guidelines sentence, presenting mitigating factors, proposing specific sentence. Prosecution files its memorandum recommending sentence. Day of sentencing – hearing occurs with judge imposing sentence.

What Affects Sentencing Hearing Length

Disputed facts requiring evidentiary hearing – if defense and prosecution disagree about facts relevant to sentencing (drug quantities, loss amounts, role in offense), judge must resolve disputes by holding evidentiary hearing with witness testimony and evidence. This extends hearing significantly, potentially requiring multiple sessions. Number of objections to PSR – cases with numerous disputed guideline calculations require extended argument about proper guidelines application. Each objection must be addressed by both sides and decided by judge. Victim impact statements – cases with many victims (fraud cases affecting hundreds of people) or emotionally powerful victim statements (violent crimes, child abuse) take longer as multiple victims address court.

Complexity of mitigation evidence – defense presenting extensive evidence of mitigating circumstances (mental health experts, family circumstances, medical conditions) requires time for testimony and argument. Departure and variance arguments – arguing for sentence outside guidelines range based on unusual circumstances requires detailed legal argument and factual presentations. Multiple defendants – if several co-defendants are sentenced in same proceeding, hearing multiplies in length. Allocution length – while allocution is typically brief (5-10 minutes), some defendants speak at length requiring more time. Judge’s deliberation and statement of reasons – judges vary in how much they say when announcing sentence. Some briefly state sentence, others provide detailed explanation of reasoning requiring 15-30 minutes.

Typical Sentencing Hearing Flow

Hearing begins with judge confirming defendant is present and ready to proceed. Probation officer sworn in, confirms contents of PSR. Judge addresses objections to PSR – parties argue their positions, judge rules on each objection. This determines guideline calculations. Judge calculates guideline range based on rulings. Prosecution arguments – prosecutor recommends sentence, argues for guidelines sentence or above-guidelines sentence, emphasizes seriousness of offense, recounts harmful conduct, argues for deterrence and punishment. Typically 10-20 minutes. Victim impact statements – victims or families address court. Each victim typically speaks 3-10 minutes. Multiple victims extend hearing considerably.

Defense arguments – attorney argues for below-guidelines sentence, presents mitigating factors, emphasizes client’s positive qualities and circumstances justifying leniency. Requests specific sentence below guidelines. Typically 15-30 minutes. Defendant’s allocution – you personally address judge, expressing remorse and requesting leniency. Typically 5-10 minutes. Rebuttal – prosecution may respond to defense arguments. Judge’s questions and deliberation – judge may ask questions of attorneys or defendant. Judge considers all information. Judge announces sentence – states prison term, supervised release, fines, restitution, special assessments. Explains reasoning under 18 U.S.C. § 3553(a) factors. Addresses departure or variance if sentence is outside guidelines. Typically 10-20 minutes.

Can Sentencing Hearing Be Continued

Yes – sentencing can be continued (postponed) if: PSR isn’t complete or needs additional information, significant objections to PSR require more investigation, new information emerges requiring additional time to review, defendant needs more time to prepare mitigation evidence, cooperation with government isn’t complete (sentence may be continued for months or years while defendant assists in other prosecutions), defendant’s medical condition requires treatment before sentencing. Either side can request continuance by filing motion explaining need for additional time. Judge has discretion to grant or deny. Multiple continuances are common in cases involving cooperation – defendant may not be sentenced until years after conviction if they’re assisting government in multiple ongoing investigations.

Continuances can benefit defense if additional time allows development of stronger mitigation case, completion of rehabilitation programs, demonstration of good conduct, or if cooperation credit is being earned. But continuances create uncertainty and stress. Balance must be struck between benefiting from additional time and achieving finality.

What Happens After Sentencing

Sentence is immediately effective. If you’ve been detained pretrial, you typically remain in custody and are transferred to Bureau of Prisons facility within weeks. If you were released pretrial, judge typically allows 30-60 days to self-surrender to begin serving sentence. You have 14 days to file notice of appeal challenging conviction or sentence. Supervised release begins after prison term is complete. Restitution and fines become due – payment schedules are set, you must make payments during supervised release period. Compliance with sentence terms is monitored throughout incarceration and supervised release.

During incarceration, you can seek sentence reduction through: Rule 35 motion if you provide substantial assistance after sentencing, 2255 motion if constitutional or legal errors occurred, compassionate release for extraordinary circumstances (terminal illness, extreme age), First Step Act provisions reducing sentences for certain drug offenses. These post-sentencing motions may result in reduced sentences years after original sentencing hearing.

Todd Spodek has represented clients at federal sentencings throughout his career. While hearing length varies, what matters is quality of advocacy and strength of mitigation presentation. When you’re facing federal sentencing, call 212-300-5196 for experienced counsel who fights for lowest possible sentence through thorough preparation and effective advocacy at sentencing hearing.