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.
- Tenth Circuit Upholds 456-Month Sentence for a Juvenile
How the Tenth Circuit reviewed a 456-month term for a 17-year-old sentenced as an adult: a life range, a vulnerable-victim increase, and codefendant gaps.
Opinion (PDF) - Eighth Circuit Affirms 84-Month Upward Variance
Learn why the Eighth Circuit upheld an 84-month gun sentence above a 51–63 month range when no one objected to the judge's statements at sentencing.
Opinion (PDF) - Third Circuit Vacates a §2K2.1 Robbery Increase
A precedential Third Circuit opinion vacated a §2K2.1 gun sentence because Pennsylvania third-degree robbery is not Guidelines robbery.
Opinion (PDF) - Sixth Circuit Upholds §2B1.1 Injury-Risk Increase
See how the Sixth Circuit applied the two-level USSG §2B1.1(b)(16)(A) increase when unlicensed nursing included narcotics, IVs, and PICC lines.
Opinion (PDF) - Eighth Circuit Affirms Official-Victim Increase
See how the Eighth Circuit applied the six-level USSG §3A1.2(c) increase when a codefendant shot at police during a joint flight.
Opinion (PDF) - Third Circuit Affirms a Ten-Month Threat Sentence
See how the Third Circuit treated a missed four-level §2A6.1 reduction as harmless, and why the ten-month threat sentence stayed in place.
Opinion (PDF) - How the New Multiple-Count Guideline Works
See which federal counts USSG §3D1.1 adds together, which counts can raise the offense level, and which single level the court keeps.
- 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.
Opinion (PDF) - 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.
Opinion (PDF) - 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.
Opinion (PDF) - 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.
Opinion (PDF) - 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.