What Happens At Federal Sentencing

What Happens At Federal Sentencing

You pleaded guilty or were convicted at trial on federal charges and now face sentencing hearing before district judge who will determine your punishment. Federal sentencing is proceeding where judge considers Presentence Investigation Report (PSR), hears arguments from prosecutors and defense, listens to victim statements, and imposes sentence within statutory limits and considering sentencing guidelines. Unlike state sentencing which can be immediate, federal sentencing occurs weeks or months after conviction to allow probation office time to prepare PSR investigating your background, calculating guideline range, and recommending sentence. At sentencing, you have opportunity through your attorney to argue for lowest possible sentence, present mitigating evidence, and address court personally through allocution statement asking for leniency.

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek who has defended clients at federal sentencings for many years. We’ve secured below-guideline sentences, departures, and variances reducing clients’ exposure by years. Sentencing is critical – difference between arguments and evidence presented can mean years in custody. What happens at sentencing hearing determines whether you serve guidelines sentence, below-guidelines sentence through successful mitigation, or above-guidelines sentence if aggravating factors apply.

Before Sentencing Hearing

After conviction or guilty plea, probation office prepares Presentence Investigation Report (PSR). Probation officer interviews you, reviews case documents, investigates your background (criminal history, employment, education, family, health), calculates sentencing guidelines, recommends sentence. Draft PSR is provided to defense and prosecution 35 days before sentencing. Defense files objections to any factual errors, guideline calculations, or recommendations within 14 days. Prosecution files its objections. Probation office issues revised PSR addressing objections or explaining why objections are rejected. Final PSR is submitted to judge.

Defense prepares sentencing memorandum arguing for below-guidelines sentence, presenting mitigating factors, attaching supporting documents: character letters from family, employers, community members; employment records and educational achievements; evidence of rehabilitation, treatment participation; medical or mental health records; demonstration of acceptance of responsibility and remorse. Prosecution files sentencing memorandum arguing for guidelines sentence or above-guidelines sentence, emphasizing seriousness of offense, harm to victims, need for deterrence. Both sides submit proposed sentences. Defense may retain sentencing expert to challenge guideline calculations or prepare mitigation report.

What Happens During Sentencing Hearing

Judge reviews PSR and sentencing memoranda before hearing. Hearing begins with judge confirming factual basis for conviction. Judge resolves any disputed facts by preponderance of evidence (not beyond reasonable doubt). Defense and prosecution present arguments about applicable guidelines, departures, variances. Prosecution argues for its recommended sentence, emphasizes aggravating factors, seriousness of offense, impact on victims. Victim impact statements – victims or their families address court describing harm caused by offense. This can be emotional and powerful, especially in cases involving violence, fraud, or exploitation.

Defense argument – attorney argues for lowest possible sentence, presents mitigating factors (acceptance of responsibility, cooperation with government, family circumstances, rehabilitation efforts, employment record, health issues, lack of criminal history, hardship incarceration will cause to family), requests specific sentence below guidelines range. Allocution – you personally address judge. This is your opportunity to express remorse, take responsibility, explain circumstances, ask for mercy. Judges expect genuine remorse, not excuses. Effective allocution can reduce sentence. Judge asks questions, considers all information, announces sentence. Judge states reasons for sentence on record, explains how sentence reflects 18 U.S.C. § 3553(a) factors (nature of offense, history and characteristics, need for just punishment, deterrence, protection of public, provision of treatment).

Sentence Components

Prison term – judge imposes specific number of months within statutory maximum. Sentence must be reasonable but not necessarily within guidelines range. Supervised release – mandatory period of probation-like supervision after prison. Most federal sentences include 2-5 years supervised release with conditions similar to pretrial release (reporting, drug testing, employment, travel restrictions). Violating supervised release conditions can result in revocation and return to prison for additional time. Fines – court can impose fines up to statutory maximums (often $250,000 per count for felonies). Courts consider ability to pay. Many defendants cannot pay substantial fines given restitution obligations.

Restitution – mandatory repayment to victims for actual losses. Restitution amount is determined by victim losses, not by your ability to pay. Restitution survives bankruptcy and must be paid. Special assessment – $100 per felony count, payable immediately. Forfeiture – seizure of property connected to offense or proceeds of crime. Recommendation for prison designation – judge can recommend specific prison facility or type (camp, low security, medical facility), though Bureau of Prisons makes final decision. Credit for time served – if you’ve been detained pretrial, that time counts toward sentence. Sentence effective immediately – if you weren’t detained pretrial, judge typically orders you to self-surrender to begin serving sentence within 30-60 days.

Sentencing Factors Courts Consider

18 U.S.C. § 3553(a) requires judges to consider: nature and circumstances of offense, history and characteristics of defendant, need for sentence to reflect seriousness of offense and promote respect for law, need to provide just punishment, need to afford adequate deterrence, need to protect public, need to provide treatment. Guidelines range calculated under U.S. Sentencing Guidelines – this is starting point but not mandatory. Judges can vary from guidelines based on § 3553(a) factors. Policy statements and commentary in guidelines. Sentences imposed in similar cases. Need to avoid unwarranted sentencing disparities.

Mitigating factors that support below-guidelines sentences: extraordinary acceptance of responsibility, substantial assistance to government in prosecuting others (5K1.1 motion), overstatement of criminal history in guidelines, extraordinary family circumstances, diminished capacity due to mental or emotional conditions, aberrant behavior (isolated incident out of character), prior good works and civic contributions. Aggravating factors supporting above-guidelines sentences: obstruction of justice, leadership role in offense, use of vulnerable victims, abuse of position of trust, particularly heinous conduct beyond typical case. Judges have broad discretion. Two defendants with identical guideline ranges can receive vastly different sentences based on how judge weighs § 3553(a) factors.

How to Prepare for Sentencing

Work closely with attorney to review PSR and object to errors. Even small factual errors can affect guideline calculations significantly. Gather mitigation evidence: obtain character letters from family, friends, employers, community members explaining your positive qualities and requesting leniency. Provide letters showing accomplishments, community involvement, work history. Participate in treatment or rehabilitation programs before sentencing if applicable – substance abuse treatment, mental health counseling, educational programs. Demonstrate to court you’re taking responsibility and addressing issues that led to offense. Prepare for allocution – write out what you’ll say, practice with attorney. Effective allocution is concise, sincere, takes full responsibility without making excuses, expresses genuine remorse, acknowledges harm to victims, explains what you’ve learned.

Poor allocution minimizes conduct, blames others, seems insincere, or focuses on hardship to you rather than acknowledging harm caused. Attend sentencing prepared emotionally – sentencing is stressful and emotional. Bring family for support. Understand likely sentencing range so you’re not surprised by judge’s decision. Have plan for self-surrender if you weren’t detained pretrial.

Todd Spodek has defended clients at federal sentencings throughout his career, securing below-guideline sentences through effective mitigation and advocacy. Sentencing preparation and presentation can reduce your sentence by years. When you’re facing federal sentencing, call 212-300-5196 for experienced counsel who fights for lowest possible sentence.