News
News and Articles on Federal Sentencing
Articles on the Guidelines, the § 3553(a) factors, appeals, 2255 motions and the motions that can lower a sentence after it is imposed. Older articles describe the law as it stood when they were written, so check the date and the update notes before you rely on one.
- Ninth Circuit Affirms Bompane §3582(c)(2) Denial
The Ninth Circuit assumed §3582(c)(2) eligibility error but held it harmless after an Oregon judge also denied relief under §3553(a), citing Wilson.
- Tenth Circuit Upholds §2K2.1 Drug-Link Increase
The Tenth Circuit held a pistol near crack on a bed could add four levels under §2K2.1(b)(6)(B), even when priors make a small amount a felony.
- Second Circuit Upholds Counterfeit Goods Increases
The Second Circuit affirmed a supervisor increase for one assistant and a counterfeit-goods value finding, and held that §994(j) did not require probation.
- Officer-Killing Offense Is a §924(c) Crime of Violence
The Tenth Circuit held that §848(e)(1)(B) requires intent, so killing an officer during a drug crime still meets the §924(c) elements clause.
- Nov. 1 Guidelines List Sentencing Options by Zone
See which sentences each Sentencing Table zone allows after November 1, 2026, and why the months in the table itself did not change.
- A Disputed Flight Enhancement Didn't Break an Appeal Waiver
On remand after Hunter, the Fifth Circuit held a contested §3C1.2 reckless-flight increase was a routine error, so the appeal waiver in Harris still held.
- A Bat and a Baton Got the Drug Weapon Increase
In United States v. Barrera, the Tenth Circuit upheld the 2-level §2D1.1(b)(1) weapon increase for a bat and baton found in a drug dealer's car.
- Nov. 1 Guideline Cleanup Deletes 26 Rarely Used Rules
On Nov. 1, 2026, the Guidelines dropped 26 offense-level rules courts had not applied in five years, and some drug guideline paragraphs got new numbers.
- Supreme Court Hears Beaird on Guideline Commentary Deference
On Oct. 13, 2026, the Supreme Court heard Beaird v. United States, which asks how much weight judges must give the commentary to the Sentencing Guidelines.
- Nov. 1 Guideline Change Adds Fentanyl-Related Substances
Starting Nov. 1, 2026, the federal drug guideline lists fentanyl-related substances and treats them like fentanyl analogues, with a way to rebut that rule.
- Federal Sentence Computation: Jail Credit, Good Time and Release Dates
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: Your Right to Speak at a Federal Sentencing
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 and the Career Offender Guideline
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.
- Character Letters for Federal Sentencing: How to Write a Letter to the Judge
A character letter tells the judge who the person being sentenced is beyond the crime. Here is who should write one, what to say, what to leave out and how it gets to the judge.
- Downward Departures and Variances in Federal Sentencing
The Guidelines Manual no longer has departures. Here is what a departure was, what replaced it, and the government-motion routes below the range that still exist.
- The Federal Sentencing Table: How to Read the Guidelines Chart
The sentencing table turns two numbers, the offense level and the criminal history category, into a guideline range in months. Here is the official table and how to read it.
- Federal Mandatory Minimum Sentences: How They Work
A mandatory minimum is the shortest prison term a federal statute allows. The judge cannot go below it except in a few narrow situations set by law.
- Offense Level in Federal Sentencing: What It Is and How It Is Determined
The offense level is one of the two numbers that set a federal guideline range. Here is how it is built, step by step, with a made-up example.
- The Presentence Report (PSR): What It Is and How to Object
The presentence report is the probation officer's report to the judge before sentencing. It scores the guidelines and tells the person's story, and it follows them into prison.
- The Federal Safety Valve: Who Qualifies and How It Works
The safety valve lets a judge sentence below a drug mandatory minimum for people who meet five requirements, and it also lowers the guideline range.