Questions families ask about federal sentencing

The judge confirms that the defendant and the lawyer have read and discussed the presentence report, rules on any disputes about it, and then hears from the defense lawyer, the defendant and the prosecutor (Fed. R. Crim. P. 32(i)). Any victim also has a right to be heard (18 U.S.C. § 3771(a)(4)). The judge then announces the sentence and must state the reasons for it in open court (18 U.S.C. § 3553(c)).

There is no fixed date, but it is usually weeks or months, not days. The court must sentence "without unnecessary delay," but the probation office first has to write a presentence report and give it to the defense at least 35 days before the hearing (Fed. R. Crim. P. 32(b)(1), (e)(2)). The judge can change these time limits for good cause (Fed. R. Crim. P. 32(b)(2)).

Only if the judge allows it. The rules give the defense lawyer, the defendant, the prosecutor and any victim a chance to speak, but not family members (Fed. R. Crim. P. 32(i)(4)). Family members are usually heard through letters the defense lawyer gives the judge before the hearing, and the lawyer can ask the judge to let a family member speak.

It is a report the probation office writes for the judge before sentencing. It covers the offense, the defendant's criminal history and background, and the probation officer's calculation of the Sentencing Guidelines range (Fed. R. Crim. P. 32(d)). Probation must give it to the defendant, the defense lawyer and the prosecutor at least 35 days before sentencing, unless the defendant waives that time (Fed. R. Crim. P. 32(e)(2)).

Object in writing within 14 days after receiving the report, and send the objections to the probation officer and the prosecutor (Fed. R. Crim. P. 32(f)(1)–(2)). The probation officer may meet with the lawyers and revise the report, and anything still in dispute goes to the judge, who must rule on it or find that it will not affect the sentence (Fed. R. Crim. P. 32(f)(3), (i)(3)(B)). The final report goes to the court at least 7 days before sentencing (Fed. R. Crim. P. 32(g)).

No. The Guidelines are advisory, so a judge can sentence above or below the range (United States v. Booker, 543 U.S. 220 (2005)). But the judge must calculate the range correctly first, use it as the starting point, and explain any sentence outside it (Gall v. United States, 552 U.S. 38 (2007)).

It is the federal law that lists what a judge must consider in choosing a sentence. The list includes the offense, the person's history and characteristics, the need for the sentence to reflect the seriousness of the crime and protect the public, the Guidelines range, and the need to avoid unwarranted differences between similar defendants (18 U.S.C. § 3553(a)). The law also tells the judge to impose a sentence "sufficient, but not greater than necessary" to meet those goals.

Usually, through the Guidelines. A defendant who clearly accepts responsibility gets a 2-level reduction in the offense level, and the government can move for 1 more level if the offense level is 16 or higher and the defendant told the government in time that he would plead guilty (USSG § 3E1.1). A guilty plea does not guarantee the reduction, but it is significant evidence of acceptance (USSG § 3E1.1, comment. (n.3)).

Yes. Falsely denying relevant conduct that the judge finds true, or obstructing justice, ordinarily costs the reduction even after a guilty plea (USSG § 3E1.1, comment. (nn.1(A), 4)). Continuing to commit crimes, including while on release before sentencing, can also lead the judge to deny it (USSG § 3E1.1, comment. (n.1(B))).

It lets a judge sentence below a drug mandatory minimum. It covers certain drug offenses, including drug trafficking and drug conspiracy under 21 U.S.C. §§ 841 and 846, when the defendant meets five requirements (18 U.S.C. § 3553(f)). People who qualify also get a 2-level reduction under the drug guideline (USSG § 2D1.1).

The defendant must meet all five requirements: a limited criminal history, no violence, threats or weapon in connection with the offense, no death or serious bodily injury, no leadership role, and full truthful disclosure to the government by the time of sentencing (18 U.S.C. § 3553(f)(1)–(5)). The criminal-history test shuts out anyone with more than 4 criminal history points (not counting 1-point offenses), a prior 3-point offense, or a prior 2-point violent offense, and any one of those is enough to disqualify (Pulsifer v. United States, 601 U.S. 124 (2024)).

It is the lowest sentence a statute allows for a crime. For example, a federal drug offense involving 280 grams or more of crack cocaine, or 400 grams or more of a mixture containing fentanyl, carries at least 10 years, and smaller set amounts carry at least 5 years (21 U.S.C. § 841(b)(1)(A)–(B)). Certain prior convictions raise the minimum if the government files a notice under 21 U.S.C. § 851.

Only in narrow cases. The judge can go below it if the defendant qualifies for the safety valve in a drug case (18 U.S.C. § 3553(f)), or if the government files a motion saying the defendant gave substantial assistance in investigating or prosecuting someone else (18 U.S.C. § 3553(e)). The government can also file a substantial-assistance motion after sentencing (Fed. R. Crim. P. 35(b)).

They can. Federal law puts no limit on the information about a defendant's background, character and conduct that a judge may consider at sentencing (18 U.S.C. § 3661), and the judge must consider the person's "history and characteristics" (18 U.S.C. § 3553(a)(1)). Letters from people who know the person well are a common way that information reaches the judge.

Say who you are, how you know the person and for how long, and give specific examples, such as work, family responsibilities, or the support waiting at home. Keep it honest and in your own words, and do not argue about the facts of the case or criticize the prosecutor or the victim. Send it to the defense lawyer rather than the judge, so the lawyer can decide how to submit it.

It means the judge lets the person stay out after sentencing and report on a set date to the prison the Bureau of Prisons picks, instead of being taken into custody at the hearing. The judge can allow it only after finding, by clear and convincing evidence, that the person is not likely to flee or pose a danger to the community (18 U.S.C. § 3143(a)(1)). For some serious offenses, such as crimes of violence and drug offenses with a maximum of 10 years or more, the law generally requires custody right after a guilty plea or verdict (18 U.S.C. § 3143(a)(2)).

Failing to surrender for a sentence as a court ordered is a separate federal crime (18 U.S.C. § 3146(a)(2)). Any prison time for it must run consecutively, on top of the original sentence (18 U.S.C. § 3146(b)(2)). If a surrender date cannot be met, the defense lawyer should ask the court for more time before the date passes.

The Bureau of Prisons (BOP), not the judge, picks the prison (18 U.S.C. § 3621(b)). It considers the facility's resources, the offense, the person's history and characteristics, any statement by the sentencing judge, and Sentencing Commission policy. The law also tells the BOP to place people, to the extent practicable, within 500 driving miles of their primary residence, subject to bed space, security level and other needs.

No. The judge can recommend a prison or a program, and the BOP must consider that recommendation, but the decision belongs to the BOP (18 U.S.C. § 3621(b)). The same law says the BOP's choice of prison "is not reviewable by any court."

Use the BOP's online inmate locator, and search by name or by the person's BOP register number. It shows the facility where the person is held and a projected release date.

RDAP is the Bureau of Prisons' Residential Drug Abuse Program, an intensive treatment program for people with a substance use disorder. For a person convicted of a nonviolent offense who completes it, the BOP may cut up to one year from the time in custody (18 U.S.C. § 3621(e)(2)(B)). To get into the program, the person must have a verifiable substance use disorder (28 C.F.R. § 550.53(b)).

BOP rules exclude several groups from the early release, even if they finish the program. They include people whose current felony involved a firearm or other dangerous weapon, explosives or force, people with certain violent or child sexual abuse convictions in the 10 years before sentencing, and people who already received an RDAP early release (28 C.F.R. § 550.55(b)). The Supreme Court upheld the BOP's power to exclude people whose offense involved a firearm (Lopez v. Davis, 531 U.S. 230 (2001)).

Eligible people earn 10 days of credit for every 30 days they successfully take part in approved programs or productive activities, and 5 more days per 30 if they are rated minimum or low risk and their risk has not gone up over two assessments in a row (18 U.S.C. § 3632(d)(4)(A)). Credits can move someone to a halfway house or home confinement earlier, or start supervised release up to 12 months early (18 U.S.C. § 3624(g)).

People serving a sentence for an offense on the list in 18 U.S.C. § 3632(d)(4)(D), which includes § 924(c) gun offenses and many violent, terrorism and sex offenses, cannot earn credits. People with a final order of removal (deportation) cannot use credits for early release (18 U.S.C. § 3632(d)(4)(E)). Check the exact statute of conviction against the list.

14 days. A defendant's notice of appeal must be filed in the district court within 14 days after the judgment is entered, or after the government files its own notice of appeal, if that is later (Fed. R. App. P. 4(b)(1)(A)). The judge can extend the deadline by up to 30 more days, but only for excusable neglect or good cause (Fed. R. App. P. 4(b)(4)). If the defendant asks, the court clerk must prepare and file the notice (Fed. R. Crim. P. 32(j)(2)).

Sometimes. Appeal waivers do not cover every claim, and if a defendant tells the lawyer to file a notice of appeal, the lawyer must file it even when there is a waiver (Garza v. Idaho, 586 U.S. 232 (2019)). A lawyer who ignores that instruction provides ineffective assistance, and the lost appeal can be restored.

Only in a few ways set by law. A court can reduce a prison sentence for "extraordinary and compelling reasons" (compassionate release), when the Sentencing Commission lowers a Guidelines range and makes the change retroactive, or when another statute or Rule 35 allows it (18 U.S.C. § 3582(c)). Rule 35 covers clear errors corrected within 14 days of sentencing and substantial assistance to the government (Fed. R. Crim. P. 35).

There is no fixed timeline. The person must first ask the warden, and can file in court only after finishing the BOP's appeals or 30 days after the warden receives the request, whichever is earlier (18 U.S.C. § 3582(c)(1)(A)). After that, the time depends on the court's schedule and the government's response. The reasons that can qualify, such as serious illness, age or family circumstances, are listed in USSG § 1B1.13.

Only if the Sentencing Commission makes that change retroactive. Then the person can ask the judge for a reduction under 18 U.S.C. § 3582(c)(2), within the limits of USSG § 1B1.10. It is a limited reduction, not a full resentencing, and the judge still decides whether to grant it (Dillon v. United States, 560 U.S. 817 (2010)).