My last two federal sentencing articles addressed downward departure and variance motions in a sentencing hearing. This article focuses on the heartland of sentencing provisions: the 18 U.S.C. § 3553(a) factors. Advocating the pre-sentencing compliance with these provisions, how they should be applied to your client and other sentencing court’s decisions will ensure a sentence sufficient but not greater than necessary.
The Section 3553(a) discussion is considered after the court has ruled on departure and variance motions to establish a revised guideline sentencing range. The Section 3553(a)(1) factors require the court to equally consider: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the kinds of sentences available; (3) the kinds of sentence and the sentencing range; (4) any pertinent policy statement issued by the Sentencing Commission; (5) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (6) the need to provide restitution to any victims of the offense.
