Category: Federal Sentencing

Zero-Point Offender Reduction Under USSG §4C1.1

Federal defendants with zero criminal history points may qualify for a two-level reduction in their offense level under USSG §4C1.1, commonly known as the zero-point offender adjustment.

Federal sentencing attorney Michael J. Petro represents...

The First Step Act Time Credits program allows eligible federal prisoners to earn credits by participating in qualifying programs and productive activities. Those credits may permit an eligible prisoner to transition from a federal prison to prerelease custody earlier or, in appropriate circumstances, transfer earlier to supervised release.

Federal...

A federal judge may order a federal prison sentence to run concurrently with, partially concurrently with, or consecutively to an undischarged state sentence. The result can determine whether the defendant receives meaningful credit for time already spent in state custody or serves additional years after completing the state sentence.

How a Federal Sentencing Guidelines Attorney Can Help

The United States Sentencing Guidelines play a central role in determining the potential sentence in a federal criminal case. Although the Guidelines are advisory rather than mandatory, federal judges must correctly calculate the applicable guidelines...

The obstruction of justice enhancement can add two offense levels to a federal sentencing calculation, substantially increasing the recommended prison term. When prosecutors claim that a defendant lied under oath, the court must find more than testimony that conflicts with the jury’s verdict.

The government must establish that the...

A defendant in federal court can receive a two-level increase in the offense level for obstructing or attempting to obstruct the administration of justice.

The enhancement is found in U.S.S.G. § 3C1.1 and can substantially increase the advisory Federal Sentencing Guidelines range.

But...

A federal sentencing court may increase a defendant’s offense level by two, three, or four levels if the government proves that the defendant acted as an organizer, leader, manager, or supervisor.

That increase can substantially raise the advisory range of the Federal Sentencing Guidelines. In certain federal drug cases,...

The federal sentencing guidelines impose a two-level increase when a defendant maintained a premises for manufacturing or distributing controlled substances. This provision, commonly called the stash house sentencing enhancement, can substantially increase the recommended prison sentence.

The enhancement does not automatically apply merely because drugs were found inside a...

A federal sentence is not determined solely by the advisory sentencing guidelines. Under 18 U.S.C. § 3553(a), the judge must consider the offense, the defendant’s individual circumstances, the available sentences, and the purposes of punishment. The final sentence must be sufficient, but not greater than necessary.

A strong sentencing...