Criminal procedure
Sentencing Hearing
A sentencing hearing is the proceeding where the judge resolves guideline disputes, hears from both sides and the defendant, and imposes the sentence.
The order is predictable: rule on objections to the presentence report, calculate the advisory range, hear argument, hear victim statements where applicable, hear the defendant's allocution, then impose and explain the sentence.
The judgment that follows sets out custody, supervised release, fines, restitution, and forfeiture. The appeal clock starts from entry of that judgment, not from the hearing itself.
Sentencings are usually the best-attended hearing in a criminal case. Victims may speak, the defendant allocutes, and the judge explains the sentence on the record, which is the fullest public account of how the court sees the offense. Hearings can span more than one day when disputed enhancements require testimony, and courts sometimes hold a separate evidentiary session on loss amount, drug quantity, or the defendant's role before imposing sentence.
How it appears on a docket
JUDGMENT as to Daniel R. Vance (1): 41 months custody on Counts 1 and 3 to run concurrently, 3 years supervised release, $1,247,900 restitution, $200 special assessment.
Governing rule
Fed. R. Crim. P. 32; 18 U.S.C. Sec. 3553
Related terms
- Allocution — Allocution is the defendant's chance to speak directly to the judge before the sentence is imposed.
- Restitution — Restitution is a court order requiring a convicted defendant to pay identified victims for their losses.
More on criminal procedure
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