Criminal procedure
Sentencing Guidelines
The federal sentencing guidelines are an advisory system that produces a recommended sentencing range from the offense conduct and the defendant's criminal history.
The calculation assigns a base offense level, adds or subtracts for specific characteristics such as loss amount, role, or acceptance of responsibility, and crosses that total with a criminal history category to produce a range in months.
They are advisory, not binding. The judge must calculate the range correctly and then weigh the statutory sentencing factors, and may impose a sentence above or below the range with an explanation that will be reviewed for reasonableness.
Two numbers drive everything: the offense level and the criminal history category. Small adjustments matter enormously because the table is exponential, so a two-level dispute over the loss amount or the defendant's role can move a sentence by years.
How it appears on a docket
STATEMENT OF REASONS (sealed) noting a guideline range of 51 to 63 months and a variance to 41 months based on the defendant's history and characteristics.
Governing rule
18 U.S.C. Sec. 3553(a); U.S. Sentencing Guidelines Manual
Related terms
- Criminal History Category — The criminal history category is the guideline score, from I to VI, that reflects a defendant's prior convictions and drives half of the sentencing range.
- Presentence Report — A presentence report, or PSR, is the probation office's investigation of the defendant and the offense, prepared to guide the judge at sentencing.
More on criminal procedure
See this term in a real case
Search federal court records and read the filings where sentencing guidelines actually shows up. New to federal dockets? Start with how to find a federal case.