Federal Sentencing Guidelines FAQ

Q: What are the Federal Sentencing Guidelines?

A: The Federal Sentencing Guidelines are a complicated set of rules which a federal judge must consider when imposing sentence. The Federal Sentencing Guidelines are so complex and confusing that they are often compared to the tax code.

Q: How are the Federal Sentencing Guidelines used?

A: Application of the guidelines to the facts of a particular defendant’s case results in a guideline range which, although no longer mandatory, most federal judges in the Northern District of Georgia follow closely when imposing sentence.

Q: Is it important that my lawyer understands the Federal Sentencing Guidelines?

A: If you are charged with a criminal offense in federal court, it is absolutely essential that you are represented by an attorney who is experienced in the federal court system and has a thorough understanding of the Federal Sentencing Guidelines. The conviction rate in federal criminal cases is over 90 percent. The Federal Sentencing Guidelines can result in a very harsh sentence and there is no parole in the federal system. Other than a small amount of good time credit, a defendant will serve nearly all of the sentence that the court imposed. You simply cannot afford to be represented in federal court by a lawyer who does not understand the Federal Sentencing Guidelines.

Q: What factors make up the guideline range?

A: The guideline range comes from a sentencing table which is based on two factors: an offense level and the defendant’s criminal history category.

Q: How is the offense level determined?

A: The Federal Sentencing Guidelines set a numerical base offense level for every offense. For most drug offenses the base offense level is set based on the type and weight of the drugs.

Q: Are there any adjustments to the base offense level?

A: The base offense level for each offense is increased for certain specific offense characteristics such as number of victims, whether a firearm was used, whether the defendant had a leadership role in the offense and many other factors. For most fraud or financial crimes, the base offense level is also increased based on the loss amount attributable to the crime.

Q: Are there any downward adjustments to the base offense level?

A: The base offense level may be reduced for certain offense characteristics such as a defendant who has a minor role in an offense or qualifies for “safety valve” in a drug offense. The base offense level is also reduced if the defendant enters a guilty plea and accepts responsibility for his involvement in the offense.

Q: How is the Criminal History Category determined?

A: Once all the adjustments have been made to the offense level and the final offense level has been determined, the defendant’s criminal history category must be determined. The Federal Sentencing Guidelines assigns a defendant criminal history points based on the length of the sentence imposed for any prior convictions. Criminal history points are also added if the new offense was committed less than two years after the defendant was released from prison for a prior offense, or if the defendant committed the new offense while on probation or parole. The total number of criminal history points determines the defendant’s criminal history category.

Q: Where do I find the guideline range?

A: The sentencing table sets forth a guideline range based on the final offense level and criminal history category. For example, the guideline range for a defendant with a final offense level of 30 and criminal history category III is 121 to 151 months.

Contact the Atlanta law office of Richard A. Grossman at 678-358-6555  to schedule a free initial consultation with an experienced federal criminal defense attorney who has a thorough understanding of the Federal Sentencing Guidelines.