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Federal Criminal Practice: Best Sentencing Strategies

Tailor your strategy to each case focusing on working with USPO, 18 USC § 3553(a) factors, and protecting the record. Learn about working with probation and proactive relationships with PSR writers. Discover methods to elicit accurate and objective reports and gain insights into factors that may warrant departure or variance early in the process. Enhance your sentencing strategies by utilizing character letters, sentencing memos, courtroom presentations, and client's allocution. Preserve the sentence and record effectively.

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Federal Criminal Practice: Best Sentencing Strategies

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  1. FEDERAL CRIMINAL PRACTICEFALL 2009 Goal: Getting the Best Possible Sentence for Your Client

  2. Tailor Your Strategy to Each Case

  3. Focus on Three Phases: - Working with USPO - 18 USC § 3553 (a) Factors - Protecting the Record

  4. FEDERAL CRIMINAL PRACTICEFALL 2009 Working with Probation: Proactive Relationships with PSR Writers

  5. How do they get their input?

  6. Traditional Information Sources - Pretrial interview & financial affidavit - Discovery from the USAO - Reports Received after Releases Signed - Corroboration from Family members - Supplemental Statements from Victims/Witnesses

  7. How Can We Help? Provide info & documents - “unverified” - how to get them to remove perjorative descriptions?

  8. Keep them Objective: • Check their sources • Tactfully Show: • - Alternative Inferences/ • Conclusions/Opinions

  9. “It is unclear whether Smith also possessed the guns located in the apt.” How do we get them to say that, rather than: “Smith is accountable for the gun in his pocket and the 7 guns found in the hall closet of the apartment.”

  10. GOAL: - accurate, objective report - good as well as bad Part F. Factors that may warrant departure or variance

  11. Start Early Don’t wait Until 1st Draft

  12. FEDERAL CRIMINAL PRACTICEFALL 2009 18 U.S.C. § 3553(a) And Sentencing Strategies

  13. Four Areas: - Character Letters - Sentencing Memos - Courtroom Presentation - Client’s Allocution

  14. Character Letters - which to submit? - what to include (photos)?

  15. From Whom? Content? Length? Number to Collect & Send?

  16. Alternative Media re Character

  17. VIDEO

  18. U.S. v. Cheek

  19. U.S. v. Bryant

  20. AUDIO?

  21. Sentencing Memos

  22. When? Content? Length? Resources?

  23. - Networking - FPD, EDNC Website

  24. Public Domain Resources

  25. Courtroom Presentation -whom should attend? -how much do you say?

  26. Technology & Visual Aids - Simplicity - Easy to Use

  27. Michele and her family at home

  28. Michele’s Daughter

  29. Michele’s Son Lamont

  30. Michele’s Son Alexander

  31. Michele’s Grandson Jaden

  32. Michele and Jaden

  33. Test Equipment In Advance Coordinate w/ Court Personnel

  34. Client’s Allocution - when to prepare him/her - what to say - what not to say

  35. Preserve the Sentence Preserve the Record

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