Sentencing Enhancements in Federal Court

 When charged with a federal crime, it is important to learn about the Federal Sentencing system because it is very different from state court proceedings. The Federal System uses the United States Sentencing Guidelines, which are now advisory, when calculating a sentence. A court calculates a particular guideline range by reviewing a defendant's criminal history as well as the applicable base offense level.

However, in certain cases, a defendant may be subjected to sentencing enhancements. For example, a person may receive an enhancement for the role in the offense if the court determines that they were an organizer, supervisor, or a recruiter. Additionally, a person may receive an enhancement for using sophisticated means to facilitate a crime or for abusing a position a trust. A sentencing court will also enhance a person's sentence if the court finds that the defendant targeted a vulnerable victim, such as an elderly person.

Federal judges are free to sentence a person above the guidelines or below the guidelines in most cases. Nevertheless, certain crimes carry mandatory minimum penalties which are statutory, so a district court judge can not go under this type of sentence. For example, certain drug offenses carry mandatory minimum sentences depending on the quantity of drugs attributable to the offense of conviction as well as for prior drug convictions.

It is important to hire a criminal lawyer who is knowledgeable about federal sentencing and the guidelines. A federal attorney will be able to evaluate a presentence investigation report and make the appropriate objections at sentencing.