How Are Federal Sentences Calculated

How Are Federal Sentences Calculated

Federal sentences are calculated using U.S. Sentencing Guidelines that create mathematical formula determining recommended prison time. Process: (1) Determine base offense level for your crime from guidelines manual, (2) Add or subtract levels for specific offense characteristics, (3) Apply adjustments for role and obstruction, (4) Calculate criminal history category from prior record, (5) Find guideline range where offense level and criminal history intersect. This range recommends months of imprisonment. Judge considers this range but can vary based on your circumstances. Understanding calculation helps you and attorney argue for lowest possible sentence.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We challenge every aspect of guideline calculations, seeking reductions that lower sentences by years. Call 212-300-5196.

Step-By-Step Calculation

Base offense level: Each federal crime has assigned base level in guidelines (fraud starts at level 7, drug trafficking varies by drug type). Specific offense characteristics add or subtract levels: dollar loss in fraud (+2 to +30 levels), drug quantity (varies by kilograms), number of victims (+2 to +6 levels), use of weapon (+levels), role in offense (leader/organizer +4 levels, manager +3, minimal participant -4, minor -2). Adjustments: obstruction of justice +2 levels if you lied or destroyed evidence, acceptance of responsibility -2 or -3 levels if you plead guilty and accept what you did. This gives final offense level. Criminal history: prior convictions score points (3 points for each prior sentence exceeding 1 year, 2 points for 60 days to 1 year, 1 point for shorter sentences). Points determine category I-VI. Find your guideline range on sentencing table.

Judge’s Discretion

Guidelines are advisory since Booker decision. Judges must calculate range but can impose sentence above or below based on 18 U.S.C. § 3553(a) factors. Your attorney argues for below-guideline sentence through mitigation: family circumstances, employment history, health issues, lack of criminal history, extraordinary acceptance of responsibility. Effective advocacy can reduce sentence substantially below guidelines. Todd Spodek has secured significant sentence reductions through strategic calculations and variance arguments. Call 212-300-5196 when facing sentencing.