My last two federal sentencing articles addressed downward departure and variance motions in a sentencing hearing. This article focuses on the heartland of sentencing provisions: the 18 U.S.C. § 3553(a) factors. Advocating the pre-sentencing compliance with these provisions, how they should be applied to your client and other sentencing court’s decisions will ensure a sentence sufficient but not greater than necessary.
The Section 3553(a) discussion is considered after the court has ruled on departure and variance motions to establish a revised guideline sentencing range. The Section 3553(a)(1) factors require the court to equally consider: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the kinds of sentences available; (3) the kinds of sentence and the sentencing range; (4) any pertinent policy statement issued by the Sentencing Commission; (5) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (6) the need to provide restitution to any victims of the offense.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
