If you are facing a federal charge, the federal sentencing guidelines will shape the discussion of your possible sentence long before a hearing date.
The guidelines turn the facts of a case into a recommended prison range, measured in months, from two scores: an offense level for the conduct and a criminal history category for the person’s prior record.
The judge must calculate that range and consider it, but the guidelines are advisory, so the final sentence can land above, within, or below it.
How Is a Federal Sentencing Range Calculated?
The United States Sentencing Commission writes the guidelines, and the calculation runs in a fixed order:
- The offense receives a base offense level, a starting score tied to the type of crime.
- Adjustments move that level up or down for facts such as the person’s role in the offense or acceptance of responsibility, which generally means clearly admitting the conduct.
- Prior convictions set the criminal history category, from I (the lowest) to VI.
- The two scores meet on the Commission’s Sentencing Table, which gives the range in months.
In an example from the Commission’s own commentary, an offense level of 15 with a criminal history category of III produces a range of 24 to 30 months.
Are the Federal Sentencing Guidelines Mandatory?
No. In its 2005 decision in United States v. Booker, a majority of the Supreme Court struck the part of federal law that made the guidelines binding, which left them advisory. The range still anchors the hearing, but it works as a starting point rather than a ceiling or a floor.
The statute that governs federal sentencing, 18 U.S.C. 3553(a), treats the range as one factor among several and directs the court to impose a sentence sufficient, but not greater than necessary, to serve the purposes of sentencing.
What Does a Federal Judge Weigh Besides the Guidelines?
The other factors the sentencing statute lists include:
- The nature of the offense and the defendant’s history and characteristics
- The need for just punishment, deterrence, and protection of the public
- Any education, vocational training, medical care, or other treatment the defendant needs
- Avoiding unwarranted sentencing gaps between defendants with similar records and conduct
- The need to provide restitution, meaning repayment, to victims
For the person being sentenced, these factors are where work history, family responsibilities, and the circumstances behind the offense can carry weight alongside the guideline math.
How Does the Presentence Report Affect a Federal Sentence?
The guideline range is first worked out in the presentence report, a background report a federal probation officer prepares for the judge. Under Federal Rule of Criminal Procedure 32, the report must identify the guidelines that apply, calculate the offense level and criminal history category, and state the resulting range. The rule also sets a calendar:
- The officer must give the report to the defendant, defense counsel, and the government a preliminary report upon completion..
- Within 14 days of receiving it, the parties must state any objections in writing, including objections to guideline ranges and to information included in or left out of the report.
- For each disputed point, the judge must rule on it or find that a ruling is unnecessary because the point will not affect sentencing or will not be considered.
Where Are Kansas City Federal Cases Sentenced?
A federal case from the Kansas City area is sentenced in one of two courts. Cases charged on the Missouri side go to the U.S. District Court for the Western District of Missouri, whose Western Division sits in Kansas City. Cases charged on the Kansas side go to the U.S. District Court for the District of Kansas, which holds court in Kansas City, Kansas. The guidelines are the same in both courts, but each has its own judges and probation office.
Talk With Us About the Federal Sentencing Guidelines
Waiting to learn what a federal sentence could look like is stressful. Not every investigation leads to a criminal charge, and when a case does move forward, the guideline calculation takes shape well before the hearing.
Sandage Law LLC handles federal criminal defense in Kansas City, including white collar cases, and our team draws on more than 60 years of combined experience.
To talk through how the federal sentencing guidelines could apply to your case, reach out or call (816) 753-0800 for a free consultation.
We serve Kansas City and throughout Minnesota. Visit any of our offices at:
Sandage Law LLC – Kansas City, MO Office
1600 Genessee St Ste 662,
Kansas City, MO 64102
Phone: (816) 7530 800
Working Hours: M-F 09:00AM – 05:00PM