Articles · Page 5 of 5
Sentencing Article Archive, Page 5
Articles filed under Sentencing, newest first.
This page is at the older end of the federal sentencing articles. The list is newest first, 20 notes to a page, so the case notes here are among the oldest in the set, and they move to later pages as new articles are added. Open a note for what that court did on that record. Do not treat the headline as the law that applies at a hearing today.
Guideline practice has moved since these notes were written. Since November 1, 2025, the judge uses two steps under USSG §1B1.1: calculate the range, then choose the sentence under 18 U.S.C. § 3553(a). Amendment 836 removed nearly all departures. A request outside the range is a variance. The current explanation is departures and variances, and the plain-language map of the range is how the guidelines work.
Later cases can also change how an old opinion is used. Jones v. Hendrix, 599 U.S. 465 (2023), limited the § 2255(e) savings clause. A 2017 note about whether a Supreme Court decision is retroactive has to be read with that holding, and with the update line on the note itself. If a note has no update line, check the date before you rely on it.
For a hearing that is still ahead, the working documents are the presentence report and the sentencing hearing. Objections to the report are due within 14 days under Federal Rule of Criminal Procedure 32. For a sentence that is already final, the routes are collected on how a final sentence can be reduced. Newer notes are on page 1 of this archive.
These pages are general information about federal cases.
- Judge Used the Wrong Mandatory Minimum: Amendment 782 Reduction Sent Back
If a judge reduces your sentence using the wrong mandatory minimum, an appeals court may send the case back so the judge can decide again.
- Can a Judge Give More Prison Time So You Can Get Drug Treatment?
No. Under Tapia v. United States, a federal judge may not impose or lengthen a prison term so a person can get drug treatment or job training.
- Robbery Sentence Reversed: Bodily Injury Enhancement Not Supported
A judge cannot sentence you more harshly than your co-defendants based on facts that are not in the record, the First Circuit held in Cotto-Negrón.