Federal law and the federal sentencing guidelines set forth sentencing ranges for individuals convicted of federal crimes. Judges determine the sentence by starting with a base offense level and then considering a list of factors that can increase or reduce the sentence. Fortunately, defendants have the opportunity to provide evidence that mitigates their conduct and counters any aggravating factors. Hiring an experienced attorney is critical to help develop a strong case and advocate for a lower sentence. Our last post covered the factors that increase a sentence. This post discusses the circumstances that can reduce the sentence.
Federal Sentencing Law
In sentencing a defendant, judges must consider certain relevant factors outlined in 18 USC 3553(a). These include the nature and circumstances of the offense, the history and characteristics of the defendant, the need to deter other crimes and promote respect for the law, and other factors. The statute also requires that judges consider the Federal Sentencing Guidelines (FSG) which are non-binding rules that are usually given great weight by judges in determining a sentence.
The FSG provides a table that indicates sentence ranges. First, the judge must determine the offense level. Every crime has a base offense level. Judges then apply various offense characteristics and adjustments that reflect the seriousness of the crime and the defendant’s conduct. These increase or decrease the offense level. Next, the judge selects the appropriate criminal history category. There are 6 categories that can increase or decrease the sentence based on the defendant’s prior conduct. The sentencing range is where the final offense level and the criminal history category intersect on the table.
Typically, the judge will decide on a sentence within the sentencing range but is not required to do so except if the crime has a mandatory minimum sentence. Judges can depart from the range but must provide their reason(s) in writing. Notably, the U.S. Sentencing Commission’s 2024 Sourcebook of Federal Sentencing Statistics documented 61,678 federal felony and Class A misdemeanor cases sentenced in fiscal year 2024, with courts applying downward variances in approximately 33% of all sentencing proceedings. Effective November 1, 2025, the Sentencing Commission also streamlined the sentencing process from three steps to two, eliminating the formal departures step and directing courts to assess all sentence adjustments, including mitigating factors, directly under 18 U.S.C. § 3553(a). This change reflects the reality that variances, not formal departures, have long accounted for the vast majority of below-guidelines sentences.
Mitigating Factors
Under the FSG, the court can take into account certain mitigating factors to reduce the sentence. These include but are not limited to the following:
Addressing Mitigating Factors
Defendants are allowed to provide information that demonstrates a mitigating factor warranting a reduced sentence. This can be done both during the interview with the probation officer and in documents submitted to the court prior to sentencing.To take advantage of these opportunities, an attorney experienced in successfully advocating for lower sentences is essential.
If you are being investigated or have been arrested, contact us for a consultation to learn how we can help.