Under investigation, Indicted or charged for a federal crime? Recent changes have been made to federal sentencing guidelines

In April 2023, the U.S. Sentencing Commission set forth amendments to various federal sentencing guidelines which become effective on November 1, 2023. Several of these amendments significantly impact a person’s potential sentencing guidelines range, which is often called an “advisory” range of punishment the court can, but is not obligated to, sentence a person convicted of a federal offense within. With the right lawyer and a properly litigated and argued sentencing hearing, courts can, and often do, sentence a person below the sentencing guidelines range.

One such amendment, #821, addresses criminal history and the “points” that are assessed to a person for their prior criminal history. A person’s prior criminal history is assessed certain points depending upon various factors such as the nature and number of the prior criminal conviction(s), the amount of incarceration the person served, whether the person committed the criminal conduct that led to their current charges while under sentence for a prior conviction, and other factors. Those criminal history points are then added up, and, depending upon the total, assigned a Criminal History Category of anywhere between a I (0-1 criminal history points) and a VI (13 or more criminal history points).  That Criminal History Category is then compared to the person’s total offense level using the Sentencing Table, and from there one’s sentencing guideline range is determined. 

Of greatest benefit to individuals with no prior criminal history, or at least no prior criminal history that results in the assessments of any criminal history points, Part B of Amendment #821 creates a new guideline that provides a decrease of two offense levels for “zero-point offenders” for certain offenses. The amendment also revises an existing guideline to provide guidance as to the appropriateness of a sentence other than prison for certain first-time offenders such as home detention or probation. Consider an individual convicted of an offense that carries a total offense level of 25 with no criminal history points. Prior to November 1, 2023, this defendant’s sentencing guideline range would be 57-71 months incarceration. On or after November 1, 2023, this amendment will result in a reduced total offense level of 23, and therefore a decreased sentencing guideline range of 46-57 months incarceration.  Literally months and months of someone’s life spared from incarceration in a federal prison.

Part A of Amendment #821 addresses “status points” and eliminates status points for individuals with six or fewer criminal history points. This amendment can hugely impact a person’s Criminal History Category, and therefore the potential sentencing guidelines range. For example, consider a defendant convicted of a federal offense that results in a total offense level of 20 with a Criminal History Category of III because of 5 criminal history points. Part of the criminal history points involved a 2-point increase because the defendant was assessed status points for committing the criminal offense while under sentence from a prior criminal conviction. A total offense level of 20 with a Criminal History Category of III results in a sentencing guideline range of 41 – 51 months incarceration. Come November 1, 2023, this defendant will no longer be assessed the two status points, and will therefore be dropped down from a Criminal History Category III to a II (2 or 3 criminal history points), which results in a reduced sentencing guideline range of 37-46 months incarceration.

Before you retain a lawyer to defend you against a federal indictment or investigation, make sure they know about these and other sentencing guideline amendments that can significantly impact a potential sentencing range.

John Rockwell is an experienced jury trial lawyer and partner at the law firm Woolsey Morcom. With 19 years’ experience, Rockwell focuses his practice on personal injury and criminal defense. He has successfully defended individuals accused of committing crimes in both state and federal court, ranging from misdemeanors like DUI’s and drug offenses to more serious charges like murder, death penalty, RICO, white collar crimes and fraud.