Category: Federal 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 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 advisory sentencing range, the defense must present specific evidence showing why the defendant was substantially...

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....