There are Many Favorable Arguments and Strategies involving Federal Sentencing Procedure
Federal Sentencing Procedure
“I am deeply impressed with the gravity and wisdom with which most federal judges approach the responsibility of sentencing. It is a difficult, soul-searching task at best.”
Federal Sentencing Procedure
A federal sentencing is a very formal event. It begins first when a defendant either pleads guilty or is found guilty at trial. What happens next is that the court will set a sentencing date out into the future. It is during this time that certain very important things will take place and the result of those things will go a long way in determining the defendant’s federal sentence.
The Probation Interview
The first thing that happens is that the defendant and their attorney meet at length with the probation agent who will be handling the case. During this meeting, which can last for hours, the probation agent asks a multitude of questions concerning the defendant’s prior history, family, job, criminal history, education, and many other things. Although the lawyer does not necessarily have to say anything, we find that being involved in this conversation is extremely important to get the agent to fully understand the positive aspects of our client.
The Presentence Investigation Report
Known as the PSIR, the probation agent’s report is a detailed review of the case, the facts leading to the conviction, and analysis of the sentencing guidelines. The report will provide the Court with what they believe is the sentencing guideline score, along with a consideration of the multiple 3553(a) factors. A federal PSIR in the Eastern District of Michigan will not make a specific recommendation, instead it exists solely to aid the Court in its decision.
Challenging the Federal Presentence Report
After receipt of the federal presentnece investigation report, the Government and counsel for the defendant will have a limited amount of time to make any challenges to the report. These challenges can be anything from factual challenges to arguable incorrect guideline scoring. The first step in this process is to contact the probation agent and the Government and see if any objection can be resolved. If not, the smart federal defense lawyer will preserve any outstanding objections in writing.
Drafting a Sentencing Memorandum
The most important part of any sentencing is the drafting of a sentencing memorandum which provides the Court with an extensive amount of insight into the life and history of the defendant. A proper sentencing memorandum for a criminal defendant should be broken into different sections. First, the memorandum should address the objections to the PSIR. This will include guideline challenges, factual challenges, and any other important challenge to the probation agent’s report. The second part of the federal sentencing memorandum should include a detailed discussion of the 3553(a) sentencing factors. This is extremely important because these issues are what the Court will hang their hat on if they give the client a better sentence. The final part of the memorandum is reserved for an intricate discussion of the client, with a plenty of pictures and other exhibits with the specific purpose of showing the Court that the person before them is a human being, not a monster.
There is a big difference in the quality of lawyer in the Federal Court of the Eastern District of Michigan. Many Michigan criminal lawyers will claim they have federal experience, only to take the client’s money and immediately drop the ball. We have taken countless cases over where some lawyer we’ve never heard of talked a big game and then did nothing to help their client. Don’t make that mistake, call us today.