Charles David Thompson

Attorney at Law

How Does a Federal Judge Know the Sentencing Range?

February 22, 2011 By Charles Thompson

The sentencing range is determined by the district court under a three-prong approach (as noted in the application instructions to section 1B1.1). First, the correct guidline range is determined using the usual combination of factors of the client’s offense level like specific offense characteristics, role in the offense adjustements and criminal history (among others). Second, the guidlines then direct the sentencing court to look at Parts H and K of Chapter 5 to see if any upward or downward departures apply. Third, the court would consider (where applicable) factors under section 3553(a) in determing if a sentence variance is needed. Section 3553(a) has four individual factors: (1) age; (2) mental and emotional condition; (3) physical condition including drug or alcohol dependance or abuse and/or gambling addiction; and (4) military service.

Filed Under: Courts Tagged With: Federal

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