Federal Sentencing Guidelines

Understanding the Framework of Federal Sentencing

The federal sentencing guidelines are a set of rules that establish uniform sentencing policies for individuals and organizations convicted of federal crimes. Created by the United States Sentencing Commission in 1987, these guidelines aim to ensure consistency and fairness in sentencing while allowing for judicial discretion within defined limits. Should dismissal not be available for your case, and a trial is not a good option, attorney Mark Lowry has experience working through the guidelines to obtain the best possible result.

History and Purpose

Before the introduction of the federal sentencing guidelines, sentencing in federal courts was highly inconsistent, with judges having broad discretion to impose sentences. This led to significant disparities in sentences for similar crimes. The Sentencing Reform Act of 1984 addressed these issues by creating the United States Sentencing Commission and instructing it to develop guidelines for federal sentencing.

The Sentencing Process

The guidelines provide a structured sentencing system based on two primary factors: the severity of the offense and the defendant’s criminal history. Offenses are classified into 43 levels of seriousness, with higher levels indicating more severe crimes. Each level corresponds to a range of months of imprisonment. The defendant’s criminal history is categorized into six levels, with higher categories indicating a more extensive criminal record. The intersection of these factors determines the guideline range for sentencing.

Judicial Discretion and Departures

While the guidelines are meant to promote consistency, they also allow for judicial discretion. Judges can depart from the prescribed guidelines under certain circumstances, such as mitigating or aggravating factors that the guidelines do not adequately consider. In recent years, the Supreme Court has ruled that the guidelines should be advisory rather than mandatory, giving judges more flexibility to impose sentences based on the individual circumstances of each case.

How Attorney Mark Lowry Can Help

Mr. Lowry has extensive experience with the federal sentencing guidelines. He can help navigate the complexities of the guidelines and work towards achieving the best possible result. With a deep understanding of both the structured framework and the discretionary elements, attorney Mark Lowry can provide valuable advice and representation to ensure a fair and just sentence. Using the many factors that can be negotiated or argued before the Court, there are often details that can be used in your favor to obtain the best result in your case.