Federal sentencing help
How federal judges set a sentence and how it can come down: the Guidelines, § 3553(a), mitigation, the First Step Act and sentence reductions.
Maybe sentencing is a few weeks away. Maybe your son or husband is already in federal prison and you want to know if anything can still be done. Either way, the number is not always as fixed as it feels. Criminal Center is a federal criminal defense firm. We handle federal cases nationwide, and only federal cases.
Example: an advisory Guidelines range
33 months to 41 months
Before sentencing, the work starts with the presentence report (PSR) — the report a probation officer writes that scores the case under the Sentencing Guidelines. A wrong score can add years, so we check every point and object in writing. Then we show the judge who your family member really is, using the factors in 18 U.S.C. § 3553(a). If the sentence is already final, we look at whether a First Step Act motion, a Guidelines change, or compassionate release could bring it down. We'll tell you plainly which options are realistic.
Your consultation is with Brandon Sample, who handles federal criminal cases nationwide, from district courts to the courts of appeals. He brings years of hands-on experience in federal courts, wrote The Habeas Citebook and co-wrote a guidebook on federal clemency. His practice is federal only, so he doesn't take state cases.
These are sentence reductions from Brandon Sample's past cases. Each one links to the court's filed order, which is a public record. Every case is different. Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
David Lee
Reduced to 210 months
A First Step Act motion. The government opposed anything below 262 months, the bottom of the Guidelines range. The court reduced the term to 210 months.
Source: Order, United States v. Lee, No. 8:06-cr-325 (M.D. Fla. July 24, 2019), Doc. 80 (PDF). Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
Joe Garrett
Four life sentences → 426 months
A First Step Act motion. The government said no. The court reduced the three mandatory life terms to 426 months and the fourth life term to 360 months, all concurrent.
Source: Order, United States v. Garrett, No. 4:99-cr-133 (S.D. Ga. June 7, 2019), Doc. 809 (PDF). Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
Karl Bell
Amended judgment: 370 months
Two life sentences challenged under the First Step Act. The court entered an amended judgment of 370 months on both counts, concurrent.
Source: Amended Judgment, United States v. Bell, No. 1:01-cr-423 (S.D. Fla. Aug. 9, 2019), Doc. 259 (PDF). Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
David Miles
360 → 295 months
A First Step Act motion asking for a sentence below the Guidelines. The government opposed it. The court cut the term from 360 to 295 months.
Source: Opinion and Order, United States v. Miles, No. 3:02-cr-548 (D.S.C. Aug. 27, 2019), ECF No. 4362 (PDF). Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
Demetris Blocker
Reduced to time served
A First Step Act motion on a crack-cocaine sentence. The court reduced the prison term to time served and the supervised release term from 10 to 8 years.
Source: Order Reducing the Sentence, United States v. Blocker, No. 4:07-cr-36 (N.D. Fla. July 1, 2019), Doc. 86 (PDF). Outcomes vary. A past result does not predict or guarantee the outcome of any other case.
The Bureau of Prisons, not the judge, works out a federal release date. Here is how it counts the start date, credit for time already served and good conduct time, and what to do if the math is wrong.
Allocution is your chance to speak directly to the judge before the sentence is announced. Federal rules require the judge to offer it.
The Armed Career Criminal Act turns a federal gun-possession charge into a 15-year mandatory minimum for people with three qualifying prior convictions. The career offender guideline is a separate, advisory rule.
Federal court is not like state court. Judges start with the Sentencing Guidelines, many drug and gun charges carry mandatory minimums, and there is no parole for federal crimes committed since November 1987. Small details in the paperwork can add or remove years. If you have questions about a federal case or sentence, book a consultation to talk it through with Brandon Sample.
If someone you love is under federal investigation or has been charged, early decisions matter — whether to talk to agents, whether to accept a plea offer, what to say at the plea hearing. A lawyer who works only in federal court can walk you through those choices before they are made. Book a consultation.
The judge starts with the Sentencing Guidelines — a scoring system that produces a range in months — and then weighs the person's whole life under 18 U.S.C. § 3553(a). We check the score line by line, object to mistakes, and build the case for a fair sentence with a written sentencing memorandum.
An appeal asks a higher court to fix legal mistakes. The deadline is short: in most criminal cases the notice of appeal is due 14 days after the judgment (Federal Rule of Appellate Procedure 4(b)(1)(A)). A 2255 motion asks the judge who sentenced you to throw out the conviction or sentence because something went seriously wrong, such as a lawyer's serious mistake. It usually must be filed within one year (28 U.S.C. § 2255(f)). Brandon Sample wrote The Habeas Citebook, a reference book on these claims. For help with a 2255 motion, see 2255motion.com. Book a consultation.
Get advice before you decide anything. Don't talk about the case on jail or prison phones or email — those calls and messages are recorded. Book a consultation to talk with a lawyer.
Every case is about a person, not a case number. We learn the facts and your family's situation, and we build the work around them.
We tell you plainly what we see — including when the options are limited.
Federal cases have their own rules, their own sentencing system, and their own prison system run by the Federal Bureau of Prisons (BOP). Criminal Center is a federal criminal defense firm. We handle federal cases nationwide, and only federal cases.
If you're here about a family member, you're in the right place. Book a consultation to talk it through with Brandon Sample.
The easiest way to start is to book a consultation online. Booking, calling or writing does not make you a client. Until we agree to take the matter, don't assume what you send is confidential or privileged.
Email help@criminalcenter.com
Talk it through
Questions about a federal sentence? Book a consultation and tell us what happened. We'll listen, tell you whether we can help, and explain what comes next.
Contacting us does not create an attorney-client relationship. Unsolicited information you send may not be confidential.
