Criminal Center
What does this mean?
At a federal sentencing hearing, the judge decides the sentence. The judge must consider the federal Sentencing Guidelines and the person’s own history and background, among other factors (18 U.S.C. § 3553(a)).
Before the hearing, a probation officer writes a presentence report (PSR) about the case and the person’s life, and both sides can object to mistakes in writing within 14 days of receiving it (Fed. R. Crim. P. 32(c), (f)). Read it carefully.
For a full guide, see Sentencing.net, a Criminal Center site.
Common questions
What happens at a federal sentencing hearing?
The judge hears from both sides and then announces the sentence. The judge must let the defendant speak before deciding (Fed. R. Crim. P. 32(i)(4)(A)(ii)) and must consider the factors in 18 U.S.C. § 3553(a), including the Sentencing Guidelines. Victims also have a right to be heard (Fed. R. Crim. P. 32(i)(4)(B)).
What is a presentence report?
It is a report a federal probation officer writes about the offense and the person's life, including a Sentencing Guidelines calculation (Fed. R. Crim. P. 32(c), (d)). The defense must get it at least 35 days before sentencing, and objections are due in writing within 14 days after receiving it (Fed. R. Crim. P. 32(e)(2), (f)(1)). Many courts set their own deadlines in their local rules.
Can family members write letters to the judge before sentencing?
Yes. Federal law puts no limit on the information about a person's background, character and conduct that a judge may consider at sentencing (18 U.S.C. § 3661). Letters usually go to the defense lawyer first, so the lawyer can file them with the court.
Can the judge send my loved one to a prison close to home?
The judge can recommend a prison, but the Bureau of Prisons makes the final decision (18 U.S.C. § 3621(b)). The law tells the BOP to place a person as close as practicable to their home, and where practicable within 500 driving miles, subject to bed space, security level and other needs (18 U.S.C. § 3621(b)).
How much of a federal sentence will my loved one actually serve?
There is no parole for federal crimes committed on or after November 1, 1987 (Sentencing Reform Act of 1984, Pub. L. 98-473). On a sentence of more than a year, a person can earn up to 54 days of good conduct time for each year of the sentence imposed (18 U.S.C. § 3624(b)(1)). Some people can also earn First Step Act time credits toward earlier release to a halfway house, home confinement or supervision (18 U.S.C. § 3632(d)(4)).