Federal Sentencing Guidelines Drop "Departures" Starting November 1, 2025

If your loved one is sentenced in federal court after November 1, 2025, the judge now follows a two-step process instead of three. The old middle step, "departures," is mostly gone from the Guidelines Manual. One important exception remains, explained below.

Here is how it works now. First, the judge figures out the guideline range. That range comes from the offense and the person's criminal history. Second, the judge picks a sentence after weighing the factors Congress listed in 18 U.S.C. § 3553(a). Those factors include the person's history, the need to protect the public, and the need to avoid unfair differences between similar cases.

One kind of departure stays: a sentence below the range for substantial assistance. If the government files a motion saying the person helped investigate or prosecute someone else, the judge can still go below the guideline range under USSG §5K1.1. The Commission's amendment says that "only the provisions pertaining to substantial assistance are retained under §5K1.1."

The U.S. Sentencing Commission made this change to simplify the guidelines. It also wanted to reduce tension between the guidelines and § 3553(a). It sent the amendment to Congress on April 30, 2025, and it took effect November 1, 2025.

What this means for your family

Facts that used to support a "departure," like family duties, health, or military service, can still matter. They are now argued under § 3553(a) instead. So the work is the same: gather real proof about your loved one's life. Letters, medical records, job history, and program certificates can all help the judge see the whole person.

The guideline range is still the starting point, so getting the math right matters. Errors in the range can follow a person for years.

Your next step

If a federal sentencing date is coming up, start collecting records now. Then talk with a lawyer about how to present them. Book a consultation to talk about your case.