Category: Federal Sentencing

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...

Federal sentencing attorney Michael J. Petro successfully obtained a substantial sentence reduction for Nicolas Gomez in the United States District Court for the Northern District of Illinois. The court reduced Mr. Gomez’s federal prison sentence from 84 months to 67 months, eliminating 17 months.

A federal sentence is not...

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 met.

Once the government files the required motion and the defendant meets...

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 U.S.C. § 3553(a), and the length of the prison sentence.

A factual...

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.

Double counting is not automatically prohibited. The controlling question is whether the Sentencing Commission...

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 by the sentencing guidelines.

Extremely long prison terms should be evaluated carefully....