FAQ

A: If you’re going to sentencing in a federal case because you’ve been convicted of a federal crime, or because a loved one has, one of the things the judge will consider is the federal sentencing guidelines. These guidelines were created by Congress and are issued by the United States Sentencing Commission. They aim to set a range in months for each type of federal crime and for each type of person who commits a crime.

The guidelines have three main parts. First, they assess a person’s criminal history. If the person being sentenced has never committed a crime before, they’re in Criminal History Category 1. If they’ve committed many crimes, they’re in Category 6, with longer punishments for more criminal history. Second, they evaluate the crime itself. For example, in bank fraud cases, they establish an offense level to indicate that bank fraud is less severe than murder but more significant than other offenses. 

There are also departures and adjustments to the guidelines range. If you plead guilty, levels may be reduced. If there are many victims, levels may be added. As you work through this with your attorney, this framework helps understand how the guidelines function. It’s important to remember that, thanks to the Supreme Court, the guidelines are not mandatory. A judge doesn’t have to follow them when imposing a sentence, but they are an important part of the decision-making process.