In the federal criminal justice system, district judges use the advisory federal sentencing guidelines to help decide a defendant’s sentence. Since these guidelines are advisory, judges have the flexibility not to impose the exact sentence they suggest.  Ultimately, any mandatory or minimum penalties in the statute of conviction trump the guideline range

The federal sentencing guidelines are more complex than the state of Kansas' guidelines. Judges can consider various factors that may lead to a sentence that is higher or lower than the guidelines range.

Still, the federal sentencing guidelines can provide defendants with valuable insight into what to expect regarding sentencing when facing federal criminal charges.

Because of the variance and variables in federal sentencing guidelines, it is important to contact a federal criminal defense attorney. Jeremy D. Koop, an experienced attorney in Wichita, Kansas, has years of experience in helping defendants navigate the federal courts and will fight to reduce or eliminate the federal charges against you.

How the guidelines work

Federal sentencing guidelines provide a range of sentences based on the defendant’s offense level and criminal history category.

The offense level considers the crime's nature and severity. Each federal crime is assigned a specific level. Courts may increase this level for aggravating factors, like using a firearm or causing severe injury or death. Serious crimes typically have higher offense levels.

The criminal history category reflects the seriousness of a defendant’s past offenses, with those having extensive records falling into a higher category.

Once determined, the court uses the guidelines chart to find the advisory sentencing range.

How to read the federal sentencing guidelines chart

The federal sentencing guidelines chart includes a vertical axis labeled offense level and a horizontal axis labeled criminal history category, or criminal history points.

As previously mentioned, each federal crime is assigned an offense level.  The offense level is calculated by factoring in a base offense level which corresponds to the statutory violation and then adding or subtracting points based upon different aspects of the defendant and the crime. 

These other factors which impact the offense level fall into categories known as cross references, specific offense characteristics, relevant conduct considerations, adjustments and acceptance of responsibility.  

For the criminal history category, federal law includes a point system that increases the sentencing guidelines based on a defendant’s criminal history. Here is how the points are assigned under federal law:

• Add 3points for each prior sentence of imprisonment exceeding one year and one month.
• Add 2points for each prior sentence of imprisonment of at least sixty days not counted in (a).
• Add 1point for each prior sentence not counted in (a) or (b), up to 4points for this subsection.
• Add 1point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under (a), (b), or (c) above because such sentence was treated as a single sentence, up to a total of 3points for this subsection.
• Add 1 point if the defendant (1) receives 7 or more points under subsections (a) through (d) and (2) committed the instant offense while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.

What affects federal sentencing?

While advisory guidelines help maintain a reasonable framework for sentences, courts have the flexibility to adjust based on unique circumstances. For instance, a federal court might decide to sentence outside the guidelines if the recommended range falls below the statutory minimum or exceeds the statutory maximum.

When making these considerations, courts take into account several key factors:

• The nature of the criminal offense
• The defendant's background and history
• The seriousness of the offense and the needs for punishment, deterrence, public safety, and correctional treatment
• Striving to prevent unwarranted disparities among similar defendants
• Ensuring restitution for victims

After reviewing these factors, a judge may decide to impose a sentence outside the guidelines. Federal judges must clearly explain their reasoning behind the sentence they impose.