Federal Sentencing Guidelines: Why You Don't Have a Math Problem

About this episode

This episode discusses the misconceptions defendants have about federal sentencing guidelines and emphasizes the importance of building a strong record for sentencing outcomes.

Most defendants I speak with think they have a math problem. Loss amount, offense level, criminal history points. They obsess over the guideline range and do nothing to change it. Earlier today I spoke with a defendant back east who has spent weeks on the math and almost no time building the record that actually moves the outcome. This episode is about that mistake. Federal sentencing guidelines give a judge a starting point, not a final answer. I have been to more than 1,500 sentencing hearings since I came home from Taft Federal Prison Camp in 2008. I have heard judges mock defendants who claimed conduct they could not document. I have watched upper-guideline sentences handed down because a man wrote a letter saying he cared about his family but never once identified with the people he hurt. And I have watched defendants get below-guideline sentences because they sold the second car, moved to a smaller house, sat for a proffer, and kept every record. In this episode I walk through what judges actually say at sentencing, what the sentencing memorandum cannot do for you, and what thirty to ninety minutes a day between now and your hearing can build that no lawyer can manufacture…

People in this episode

Host: Justin Paperny

Topics covered

• federal sentencing guidelines
• defendant behavior
• sentencing outcomes
• record building
• judicial process
• criminal justice

Keywords

• federal sentencing
• guideline range
• criminal history
• offense level
• sentencing hearings
• defendant conduct
• sentencing memorandum

Mentioned in this episode

Places: Taft Federal Prison Camp

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