Federal Sentencing . Federal Public Defender’s Office June 23, 2014. Federal Sentencing. Tell the human story of your client; Provide the Judge with: (1) alternatives to incarceration or excessive punishment; and (2) evidence of what works to achieve the purposes of sentencing.
Federal Public Defender’s Office
June 23, 2014
“For more than a century, federal judges have enjoyed wide discretion to determine the appropriate sentence in individual cases and have exercised special authority to determine the sentencing factors to be applied in any given case.” Mistretta v. United States, 488 US 361, 390 (1989).
The guideline range is “only a touch-stone in the district court’s sentencing considerations” United States v. Autery, 555 F.3d 864, 872 (9th Cir. 2009); see also United States v. Carty, 520 F.3d 84, 990-92 (9th Cir. 2008) (en banc) (under 3553(a), the guidelines are a factor to be accorded only equal weight with the others listed).
United States v. Gall, 374 F. Supp 2d 758, 763-64 (2005), rev’d on other grounds, United States v. Gall, 446 F.3d 884 (8th Cir. 2006)