November 1, 2025: Departures Leave the Guidelines

For anyone sentenced in federal court on or after November 1, 2025, the judge now follows a two-step process instead of three. The old middle step, "departures," is gone from the Guidelines Manual, with one below-range provision kept for substantial assistance, explained below.

Here is how it works now (USSG §1B1.1). 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 below-range provision stays: 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 Manual no longer calls this a "departure," and the part of Chapter Five that holds it is now titled "Assistance to Authorities."

One other provision moved instead of disappearing. The reduction for a government-approved early disposition program moved from §5K3.1 to §3F1.1. It is now a decrease of up to 4 offense levels, applied while the range is calculated, on the government's motion.

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 you and the people helping you

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, as reasons for a "variance." The Commission collected the old departure provisions in Appendix B, Part III of the Manual for reference, and said removing them does not limit what judges may consider. So the work is the same: gather real proof about the life of the person being sentenced. 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.