How Federal Sentencing Guidelines Work

Anyone convicted of a federal crime will be sentenced by the judge according to the federal sentencing guidelines. These guidelines are complicated, but most defendants can understand the general gist of how sentencing works. Once convicted, a defendant will be sentenced based on various factors, such as the offense, their criminal history, and whether they assisted with federal law enforcement during the case. Call William G. Yarborough, an experienced Greenville federal criminal defense lawyer. Our firm is prepared to defend people of common federal offenses, including gun crimes, drug crimes, and fraud or other offenses.

What Are Federal Sentencing Guidelines?

The guidelines were created after the passage of the Sentencing Reform Act of 1984. Congress believed that a set of rules was necessary because federal judges had almost unbounded discretion when sentencing defendants. As a result, sentencing disparities cropped up across the country, with some judges imposing harsh sentences while others gave defendants relatively lighter sentences for the same offense.

The initial guidelines were intended to be mandatory, meaning judges would have to impose a sentence without any discretion. But the Supreme Court said mandatory guidelines violated the Constitution.

Today, the guidelines are advisory, but judges still must calculate the guideline range before imposing a sentence. Furthermore, appellate courts generally consider a sentence within the guideline range as reasonable on review. Judges have powerful incentives to stay close to the guideline range.

Criminal defendants should understand how the guidelines work when facing federal charges. These will give you some idea of the possible sentencing range.

How to Calculate a Sentence Using the Federal Guidelines

Guidelines are driven primarily by the offense, plus your criminal history.

Step One: Offense Level

Federal crimes are assigned a base offense level. This level reflects the severity of the crime.

Step Two: Apply Offense Characteristics

These characteristics can increase or decrease the offense level. For example, the following will increase the offense level:

•  Using a weapon in the commission of the crime
•  Taking on a primary role in the crime
•  Amount of financial loss caused or intended
•  Obstructing justice

However, the offense level can also be adjusted down. For example, accepting responsibility for the offense results in a downward adjustment of 1-2 levels.

After applying offense characteristics, the judge arrives at the offense level, usually from Level 1 to Level 43.

Step Three: Criminal History

A defendant’s criminal history matters enormously for federal sentencing guidelines. Points are assigned for:

• Recent prior offenses
• Length of previous sentence
• Being on probation at the time of the offense

Based on criminal history, a defendant will land in one of six “Criminal History Categories.” Someone in Category I has no or very little prior criminal history, while someone in Category VI would have a significant criminal background.

Step Four: The Sentencing Table

Once a judge has arrived at the offense level and criminal history category, they can find the sentencing range on the Sentencing Table. This table expresses sentences using months.

Here are examples of sentencing guidelines in action:

•  Offense Level 1, Criminal History Category 1: 0-6 months.
•  Offense Level 1, Criminal History Category 5: 0-6 months.
•  Offense Level 10, Criminal History Category 1: 6-12 months.
•  Offense Level 10, Criminal History Category 6: 24-30 months.
•  Offense Level 23, Criminal History Category 1: 46-57 months.
•  Offense Level 23, Criminal History Category 6: 92-115 months.

Some federal crimes have mandatory minimums. A judge must apply the mandatory minimum even if it is outside the sentence range.

Don’t Forget Departures and Variances

As mentioned above, the sentencing range is advisory, not mandatory. Nonetheless, many judges will follow the range, because it is viewed as reasonable.

Still, courts can sentence outside the range by using departures or variances. An experienced criminal defense lawyer should know how they can impact a sentence.

• Departures. The guidelines will sometimes authorize a deviation for various reasons, such as providing significant help to law enforcement.
• Variances. 18 U.S.C. § 3553(a) instructs judges to impose a sufficient sentence, but not one greater than necessary. This statute provides many considerations, such as the history of the defendant, the need for deterrence, and avoiding sentencing disparities.

A seasoned federal criminal defense lawyer will always consider whether departures or variances apply and can make an effective argument to a judge.

Example of How to Calculate a Guideline Range

Suppose a defendant is charged with one count of federal wire fraud under 18 U.S.C. 1343. This is how a judge will calculate the guideline range:

1. Base offense level. U.S.S.G. § 2B1.1 covers theft and fraud crimes. The initial Base Level for wire fraud is 7.
2. Offense characteristics. Fraud is committed to unlawfully gain money. Thus, the judge will consider whether wire fraud caused loss to the defendant. The guidelines instruct judges to consider the greater of actual loss or intended loss. A small loss ($10,000) will result in a Level 2 increase. That means the defendant’s offense level for wire fraud will be 9. However, a larger intended or actual loss could result in a huge leap, up to 30 points.
3. Criminal history. Let’s assume the defendant has no criminal history. They are placed in Criminal History Category 1.
4. Sentencing table. A defendant with an Offense Level 9, Criminal History Category 1 has a range of 4-10 months. If they had an extensive criminal history, their range could be 21-27 months if placed in Criminal History Category 6.

A judge will also consider any variance based on statutory factors. It’s possible a judge would justify an upward or downward variance. If the defendant has a very low offense level, then there might be nowhere for the judge to go. But variances could matter significantly for more serious offenses.

Contact a Greenville Federal Criminal Defense Lawyer

Criminal sentencing is complicated, and the best attorneys use their knowledge of the law to their clients’ benefit. If you are facing federal charges, hire the right legal team to defend you. William G. Yarborough, Attorney at Law, is a former federal prosecutor who has handled some of the most serious crimes.

Contact us at 864-331-1612 to schedule a consultation today. We have defended those in the 29609 zip code of both state and federal crimes.