3 Things I Would Do Before a Federal Sentencing Hearing

I spent three years as a federal defendant before a judge sentenced me to 18 months in federal prison.

During those three years, I made a lot of mistakes. I was embarrassed, angry, and obsessed with what was happening to me. I spent more time worrying about prison than doing anything that might help me at sentencing or after prison.

I've spent the past 17 years helping people prepare for federal sentencing. I've also learned from attending sentencing hearings, interacting with federal judges, former probation officers, and people who have gone through the system.

If you're facing a federal sentencing hearing, I want you to focus on three things:

1. Preparing for your presentence investigation interview with your probation officer.
2. Getting character reference letters that tell the judge something useful about you.
3. Preparing for your sentencing hearing, including what you will say and what happens afterward.

Your lawyer handles the legal arguments. But there is work you can do that your lawyer cannot do for you.

1. How Should I Prepare for My Federal Probation Interview?

A federal presentence investigation interview is a meeting with a probation officer who is preparing a report for your sentencing judge.

The report is commonly called a presentence investigation report, or PSR.

It includes information about the offense, your background, finances, employment, family, criminal history, and other circumstances. The probation officer also prepares a sentencing recommendation for the judge.

That report can follow you long after sentencing. The Bureau of Prisons uses information in the PSR when making decisions about custody classification, prison designation, and programming.

I want you to consider something. Before you meet the probation officer, what might that officer already know about you?

They may have read your plea agreement, indictment, victim impact statements, and the government's account of your conduct.

They may have spoken with people involved in your prosecution.

You could walk into that interview and find yourself sitting across from someone who has already developed an unfavorable opinion of you.

What are you going to do about it?

Prepare a personal narrative before the interview

When appropriate for the case, I encourage people to work on a first-person personal narrative.

I often suggest eight to ten pages, although there is no required length and the right approach depends on the case.

Explain who you are, what happened, what you have learned, and what you are doing now.

If you've pleaded guilty, explain your responsibility without blaming other people.

If your conduct harmed people, address those victims. I've seen people convicted of tax fraud, Medicare fraud, or other financial crimes minimize the harm because they cannot identify one individual victim.

That's a mistake.

And please don't write eight pages telling the probation officer how wonderful you are.

I've seen plenty of those documents. They're exhausting to read.

I want to see what you're doing differently.

Are you looking for work? Making restitution payments when possible? Participating in treatment? Volunteering? Making changes to the decisions and habits that brought you into trouble?

What can you document?

A personal narrative should give the probation officer information worth considering, not merely repeat an apology.

Discuss its content, accuracy, timing, and submission with your defense lawyer. If you were convicted after trial or are pursuing an appeal, your lawyer should guide what you say about the offense.

Bring evidence of what you're doing

A man in our community graduated from Cornell and later struggled to find work because of his conviction and the publicity surrounding his case.

He applied for jobs beneath his previous level of experience. He approached businesses. He kept getting rejected.

But he kept trying.

When the probation officer asked whether he was working, he could have said nobody would hire him because he had a felony conviction.

Instead, he brought documentation of his employment applications and the work he had done trying to find a job.

That gave the officer something specific to consider.

I've spoken with plenty of people who say they want to make amends, work hard, and never return to a courtroom.

Fine. What have they actually done?

You don't need an impressive job title to demonstrate progress.

You need to be able to explain how you spend your time and provide accurate information about what you've done.

What if my presentence report contains errors?

Read the report with your lawyer. Review the financial information, offense details, employment history, medical information, substance-use history, and other facts that could affect sentencing or prison programming.

Under Federal Rule of Criminal Procedure 32, the parties generally receive the report at least 35 days before sentencing unless that period is waived. They ordinarily have 14 days after receiving it to submit written objections.

Your lawyer can address inaccurate information and unresolved disagreements through the proper process.

Don't assume an error will be easy to fix after sentencing.

Read more: What to Expect During the Presentence Investigation

2. Who Should Write Character Reference Letters for Federal Sentencing?

Some of the most useful character reference letters come from people whose names the judge has never heard.

I learned that during my own sentencing.

Before going to prison, I sold real estate for several years.

One of my customers was Dr. Alan Lewis, a dentist in Sherman Oaks, California.

I had an opportunity to earn a commission of approximately $75,000 from a real estate transaction involving him.

I advised him against the transaction because I believed it was in his best interest.

That decision cost me a substantial commission.

Dr. Lewis wrote about that experience in a character reference letter submitted for my sentencing.

My judge, Stephen V. Wilson, commented on the letter.

Why would a judge care about a real estate transaction?

Because the story gave him an example of me making a decision that put someone else's interests before my own financial benefit. It was something the judge could evaluate, evidence of change.

Should I ask important people to write letters?

Michael interviewed former federal Judge Mark Bennett, who spoke about the value of letters from people who genuinely know a defendant.

A letter from a janitor or street sweeper can be more useful than one from a politician.

I agree.

Too many people pursue letters from someone with an impressive title. They think that person's status will influence the judge.

I'd rather have a letter from someone who has known you for years and can explain one incident that reveals something about your character.

Perhaps you helped someone through a difficult period or you made a financial sacrifice for another person.

The writer should get specific, tell a story about character: nothing else.

How many character reference letters should I submit?

I often think eight to ten strong letters can be plenty, especially when there is extensive other mitigation material.

But that's my preference, not a court rule.

Ask your lawyer what is appropriate for your judge and district.

I've seen letters that all say essentially the same thing.

"He's a wonderful husband."

"She's a loving mother."

"He made a mistake and deserves another chance."

Some letters even tell the judge how long the defendant should serve in prison.

I discourage that.

The writer should focus on what they know about you, with specific examples.

And with AI making it easy to produce polished, generic letters, there's an even better reason to encourage people to write in their own words.

A letter with a rough sentence and a specific, truthful story may tell the judge more than a perfectly written page of compliments.

Read more: Six Common Character Reference Letter Mistakes

3. What Should I Do Before My Federal Sentencing Hearing?

By the time you arrive at sentencing, your lawyer may have submitted a sentencing memorandum.

That memorandum presents legal arguments and information supporting the sentence the defense is requesting.

Your personal narrative is a separate document.

Your sentencing statement, also known as allocution, is what you plan to say directly to the judge.

I would encourage you to understand all three.

Review your sentencing memorandum with your lawyer

Don't wait until the night before sentencing to read the memorandum.

Ask your lawyer to explain the argument.

What sentence is being requested? How are the sentencing guidelines being addressed? What mitigating facts are being presented? How do the character letters and other supporting materials fit into the request?

You should understand what your lawyer is asking the judge to consider.

You should also understand where the government disagrees.

Prepare your sentencing statement

I wouldn't encourage you to stand before a judge and read eight or ten pages.

For many people, a statement of approximately one page is a useful starting point. The appropriate length and content depend on the case and your lawyer's advice.

If you pleaded guilty, I'd encourage you to consider what you need to say about responsibility, the people harmed by your actions, and what you are doing to address that harm.

Avoid promises you cannot follow through on.

I can't count how many times I've heard people say they'll never make another bad decision.

How do they know?

A better discussion begins with what has changed and the work they have already done.

For someone convicted after trial, the decision about what to say requires particular care. A defendant may wish to speak at sentencing without compromising legal positions or an appeal. Work through that with your lawyer.

What should I avoid doing at sentencing?

Don't underestimate how much your conduct in the courtroom matters.

I've seen defendants shake their heads while a victim was speaking because they disagreed with something being said.

I've seen judges respond sharply.

I understand how difficult it can be to listen to statements you believe are inaccurate.

But imagine spending months preparing character letters, a narrative, and other sentencing materials, only to react angrily in court.

Discuss possible victim statements and disputed facts with your lawyer before the hearing.

You should know how to respond if something unexpected occurs.

I would also ask counsel about who should attend, whether anyone besides you should speak, and whether a person who has written a letter may also address the judge. Those decisions can depend on the court and the judge.

Could I be taken into custody at sentencing?

Yes.

Even someone who arrived at court expecting to remain free pending a future surrender date may be taken into custody after the sentence is imposed.

I've worked with people who expected to return home after sentencing and instead left the courthouse in the custody of the U.S. Marshals.

Before sentencing, ask your lawyer about the possibility of immediate detention, the government's position, and what arrangements your family should make.

Don't assume you'll return home simply because you've been allowed to remain out on bond before sentencing.

Should I ask the judge to recommend a particular federal prison?

If a prison sentence is possible, discuss a specific facility with your lawyer.

I generally prefer identifying a suitable prison rather than asking for whatever facility is closest to home.

The nearest federal facility may be a detention center or another institution that does not match the person's security classification or programming needs.

If someone has a documented substance-use disorder, counsel may also want to discuss appropriate treatment recommendations, including the Residential Drug Abuse Program, or RDAP.

The sentencing judge can recommend a facility or program. The Bureau of Prisons makes the actual designation and eligibility decisions.

Review the judgment with your lawyer and make sure you understand the sentence, supervision conditions, financial obligations, and any recommendations.

Read more: What Happens at a Federal Sentencing Hearing?

4. Why I Encourage People to Begin a Release Plan Before Sentencing

I want to share a mistake I made several years ago.

A man hired our team to help create a release plan.

We interviewed him, prepared the plan, and delivered it. He was pleased with the work.

Several years later, Michael Santos visited the prison where this man was serving his sentence.

After Michael's presentation, the man told him that he was disappointed with me and the release plan.

Michael called me.

My first reaction was defensive.

We had written the plan. The man liked it. What was the problem?

Michael explained what I'd missed.

We created a document, but we hadn't taught the man how to continue working on it during the difficult days of his prison sentence.

Michael was right.

A release plan can identify goals for education, employment, family responsibilities, finances, and other priorities.

But those plans need to be followed, reviewed, and updated.

There will be days in prison when you have no interest in reading, studying, or writing.

I remember those days.

There will be days when you wonder whether the work matters.

That's why I encourage people to start documenting their efforts before sentencing and continue after they surrender.

Journal entries, book reports, educational activities, and documented work can help you evaluate how you're spending your time.

Through Prison Professors, we offer free resources that people can use to create personal profiles and continue documenting their work.

The goal is to have something useful to show when a future employer, probation officer, or other decision-maker asks what you've done.

A release plan cannot guarantee early release or any other legal benefit.

But I would rather have a person spend three years in prison building skills and documenting progress than spend three years complaining about how unfair everything is.

I know which approach I followed for much of my time as a defendant.

I wish I'd done better.

Frequently Asked Questions About Federal Sentencing Preparation

What is a presentence investigation report?

A presentence investigation report, or PSR, is prepared by a federal probation officer to help the judge determine an appropriate sentence. It includes the offense, the defendant's history, sentencing guideline calculations, victim information, and other relevant facts. The report may also influence later Bureau of Prisons and supervision decisions.

Can a personal narrative help at sentencing?

A factual, well-prepared narrative may help explain a defendant's background, conduct, and actions since the offense. Its value depends on the content, case circumstances, and how it is used by counsel. There is no guarantee that submitting one will reduce a sentence.

Do federal judges read character reference letters?

Judges may consider character reference letters submitted as part of sentencing materials. Specific, truthful accounts from people who know the defendant can offer information about character that goes beyond the criminal offense.

What should I say to a federal judge at sentencing?

Your statement should be prepared with your lawyer and consistent with your legal position. Depending on the case, it may address responsibility, harm, personal circumstances, steps taken since the offense, and your plans. Avoid exaggerated claims and statements that conflict with established facts or your defense strategy.

Can I request a specific federal prison at sentencing?

Your lawyer may request that the judge recommend a particular Bureau of Prisons facility. The recommendation is not binding. The Bureau of Prisons makes the ultimate decision.

What happens after federal sentencing?

Depending on the court's orders, a person may be taken into custody immediately or permitted to surrender later. The written judgment sets out the sentence and other requirements. If imprisonment is imposed, preparation may include medical documentation, financial and family arrangements, and planning for prison and eventual release.

Before Your Sentencing Hearing, Ask Yourself This

What are you doing that your lawyer can accurately describe to the probation officer and judge?

What have you done to build a new record, is it genuine?

Who can speak to your character through stories, not slogans.

What are you going to say when your judge gives you the opportunity?

And what will you do after sentencing?

I wish I'd asked myself those questions more often during the three years I was a federal defendant.

If you're facing federal sentencing and want help preparing your personal narrative, probation interview, character letters, or plans for what comes next, you can schedule a call with our team at White Collar Advice.

We are not lawyers. We work alongside defense counsel to help people prepare, organize their work, and document what they are doing.

Justin Paperny
Co-founder, White Collar Advice
Author of Lessons From Prison and Ethics in Motion