Federal Sentencing Table Explained: Sentencing Guidelines Matrix and Offense Level Calculations

Attorney David Tarras of the Rossen Law Firm explains how a federal judge fashions a sentence using the Federal Sentencing Table by calculating offense levels through the sentencing guidelines matrix.

The Federal Sentencing Guidelines are one of the most important factors that play into a sentencing hearing. They advise judges on how to fashion a sentence that is appropriate for a defendant at a federal sentencing hearing. Although ultimately a federal judge has the final discretion regarding a defendant's sentence, the sentencing guidelines have a strong impact on a judge's decision-making.

The federal sentencing guidelines advise federal judges on how to create a sentence through a complex and formulaic matrix that requires a final calculation to be made based on several factors. Each federal offense under the federal sentencing guidelines has a base offense level attached to it. From there, certain adjustments can increase or decrease the ultimate offense level a defendant has.

If a defendant, for example, cooperates with law enforcement and accepts responsibility for his or her actions, that can be taken into consideration in lowering a defendant's offense level score.

After adjustments are calculated, the judge then considers the federal sentencing guidelines matrix. This is where maximum and minimum sentences are established based on factors graphed on an x and y-axis. Certain factors, such as loss amount, contribute to where a defendant lands on the spectrum.

A federal defense attorney can negotiate with the federal prosecutors and the federal judge in order to limit where the defendant ends up on the offense level in the federal sentencing table. There are four zones on the federal sentencing guidelines chart which determine the penalty that the defendant has to face.

For zone A, no incarceration is needed for the offense. For zone B, the federal judge must sentence some form of incarceration but it does not necessarily need to be a traditional form of confinement like in a penitentiary but it can also be in the form of probation or home confinement. For zone C, the sentence must include some form of incarceration. Finally, for zone D, the guidelines advise the judge that any sentence that does not include mandatory incarceration is inappropriate for the defendant.

In order to fashion these federal sentences, the federal judge must calculate a figure for the defendant's criminal history level and a total offense level. A federal defense attorney can help shield a defendant from more severe sentences by effectively negotiating with the federal prosecutor and federal judge. The federal defense attorney, for example, can negotiate the level of points a defendant has for his or her criminal history level. This can be negotiated with the federal prosecutor during the plea stage pre-sentencing.

A federal defense attorney can work to make sure a defendant is in the most favorable position possible by filing motions and litigation. These efforts can place a defendant in a very favorable position when he or she goes before the judge for sentencing so that they can be viewed favorably through the federal sentencing guidelines.

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