USSG 3C1.1 OBSTRUCTION OF JUSTICE ENHANCEMENT: Requires False Testimony, Materiality and Willful Intent By Defendant
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...
Judge Posner Weighs In on the Costs and Benefits of Long Prison Sentences
A federal sentencing judge must impose a sentence that is sufficient, but not greater than necessary, to satisfy the purposes of punishment. That command requires more than accepting the longest sentence permitted by the statute or recommended...
USSG 3E1.1: One Point for Timely Acceptance MUST Be Granted By Court If Government Asks
Acceptance of responsibility can reduce a defendant’s federal sentencing guideline calculation by as many as three offense levels. The third level can meaningfully affect the recommended prison range, but it is available only when specific requirements are...
USSG and Double Counting: Impermissible Only When Text of the Applicable Guideline Specifically Says So
The federal sentencing guidelines can impose several increases based on closely related conduct. When the same conduct is used more than once to increase a defendant’s offense level, the issue is commonly called double counting.
Sentencing Entrapment is Recognized in Seventh Circuit. Sentencing Manipulation is Not: Boilerplate Rules
A defendant has a due process right to be sentenced using accurate and reliable information. When a federal judge relies on a materially false fact, the error can affect the guideline calculation, the court’s analysis under 18...
USSG 5G1.3. District Court Has Discretion to Concurrently Run State and Federal Sentences
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...
18 USC 3553 Factors at Sentencing: Boilerplate Procedural Rules for District Court’s Sentence
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...
USSG 3B1.1 and the Supervisory Role Enhancement. A Seven Point Checklist
A leadership or supervisory role enhancement can add two, three, or four offense levels to a federal sentencing calculation. In a federal drug case, it can also prevent a defendant from receiving safety valve relief from a...
Mitigating Role Analysis Under USSG 3B1.2 Leads to Reversal
A defendant who played a limited part in a federal offense may qualify for a two-, three-, or four-level reduction under USSG § 3B1.2. Because even a small change in the offense level can significantly reduce the...
Cooperating Defendant Gets No Substantial Assistance Motion From Government. Or, Where To Start When the Government Bleeps Your Client
A federal defendant may provide information, attend repeated interviews, testify, or expose himself to serious personal risk, only to discover that the government will not file a substantial assistance motion. When that happens, the defense must examine the plea agreement,...