Preparing for Federal Sentencing: Understanding the Sentencing Guidelines and Why Your Work Matters

If you’re preparing for federal sentencing, I know how overwhelming it can feel. You might have heard from others that you don’t need to prepare, or worse, that there’s nothing you can do because you’ll end up with a guideline sentence no matter what.

That’s wrong.

I’ve seen too many cases where preparation made all the difference. Even if a judge sticks to the guidelines, what you do before sentencing still matters. It can shape the judge’s perception of you, impact the narrative of your case, and help you prepare for life after sentencing.

Let me walk you through how the sentencing guidelines work, what’s changing, and how people in our community have used preparation to achieve outcomes they never thought possible.

What Are Sentencing Guidelines?

The federal sentencing guidelines give judges a framework for deciding sentences. They’re based on factors like:

The type of crime you committed.

Your criminal history.

Aggravating or mitigating circumstances, such as whether you were the leader or if you took responsibility.

These guidelines aren’t mandatory, but they’re influential. Some judges use them as a starting point and rarely stray, while others pay less attention to them and focus on other factors.

Take Judge Gonzalez Rogers in Northern California. She’s said that the guidelines are always her starting point. Compare that to Judge Boulware in Nevada, who often disregards the guidelines entirely and crafts sentences based on the broader context of the case.

Either way, the guidelines matter, and so does your preparation.

Departures and Variances: What’s Changing?

Judges can currently deviate from the guidelines in two ways:

Departures: These are specific exceptions written into the guidelines. For example, if you cooperate with the government, the judge might “depart” downward and give you a lighter sentence.

Variances: These are broader deviations based on a judge’s discretion, guided by 18 U.S.C. § 3553(a)—a set of factors judges use to evaluate cases.

Now, the U.S. Sentencing Commission is proposing to eliminate departures and rely only on variances. This change means judges would focus entirely on the § 3553(a) factors, putting more emphasis on the bigger picture of your life and actions.

What Are the § 3553(a) Factors?

If you’re preparing for sentencing, you need to understand the § 3553(a) factors because they guide how the judge evaluates your case. Here’s a breakdown:

The Nature and Circumstances of the Offense and Your History

Judges consider what happened and why. Were you the leader or a minor player? Was this an isolated mistake or a long-term pattern?

Your personal story matters, too. For example, Klete Keller, a three-time Olympian and five-time medalist, had an impressive history but found himself in trouble after January 6th. At his sentencing, the judge commented on how Klete had documented his remorse and the work he’d done to change. He created programs for Prison Professors Charitable Corporation that now reach over a million people in prisons and jails. The judge acknowledged his efforts, giving him a shorter sentence that included community service.

1. The Need for the Sentence to Reflect the Seriousness of the Offense

The sentence must show that the crime is taken seriously. But here’s the thing—there’s more than one way to reflect seriousness. A long prison term isn’t always the answer.

I’ve seen judges take the collateral consequences of a felony conviction into account, like losing your career, reputation, or finances, when deciding whether additional punishment is necessary. But it’s your job to document those consequences and present them effectively.

The Need to Promote Deterrence

Judges want to ensure you don’t reoffend and that others are discouraged from similar actions. This is where public speaking or other outreach can make a difference.

For example, people in our community have spoken at schools or universities, like USC, about the consequences of their decisions. One of my partners, Michael Santos, has shared his story about serving 26 years in federal prison to deter others from making the same mistakes. Judges notice this kind of effort.

The Need to Protect the Public

If the judge sees you as dangerous, they may impose a harsher sentence to protect the public. This is rare in white-collar cases, but I’ve seen it happen when someone violates pretrial conditions or continues criminal activity.

The Need to Provide Training, Treatment, or Care

Judges sometimes structure sentences to help people get the resources they need, like addiction treatment or vocational training.

The Kinds of Sentences Available

Prison isn’t the only option. Judges can consider probation, fines, or community service, especially if you’ve shown why those alternatives are appropriate.

The Sentencing Guidelines

Judges aren’t required to follow the guidelines, but they still matter. This is why you need to understand them and how they apply to your case.

The Need to Avoid Sentencing Disparities

Judges aim to ensure fairness by imposing similar sentences in similar cases.

The Need to Provide Restitution to Victims

If your actions caused harm, the judge will consider your efforts to make things right.

    Why Preparation Matters: David’s Story

    Let me tell you about David Moulder, someone in our community. He was facing more than three years in federal prison based on the guidelines. From the start, David decided to take control.

    He worked closely with our team, documented his life story, and volunteered with Prison Professors Charitable Corporation. He didn’t wait for someone else to tell him what to do—he created a plan and executed it.

    At his sentencing, the judge saw the work David had done to take responsibility, make amends, and build a new record. Instead of the three-year guideline sentence, David received one year of probation and just a few days in county jail.

    His co-defendant? Ten years in federal prison. The difference wasn’t luck—it was preparation.

    Steps to Take Now

    If you’re serious about preparing for sentencing, here are the steps I recommend:

    Document Your Story

    Write a detailed, honest account of your life. Include what led to the offense, the lessons you’ve learned, and the steps you’re taking to change.

    Take Accountability

    Don’t deflect blame. Own your actions and focus on how you’re working to repair the harm caused.

    Engage in Community Service

    Volunteer for meaningful causes. For example, Klete Keller’s work creating educational programs for incarcerated individuals played a significant role in his case.

    Focus on Restitution

    If victims were harmed, start repaying them now. Even small efforts show the court that you take this seriously.

    Gather Letters of Support

    Ask people who know you well to write letters about your character and contributions.

    Prepare for the Probation Interview

    This interview shapes the presentence investigation report, which the judge relies on heavily. Be ready to present yourself honestly and thoughtfully.

      Sentencing isn’t just about the punishment—it’s about the story you present. Judges want to know who you are beyond the crime and whether you’re working to make things right.

      The earlier you start preparing, the better. Don’t wait until the last minute. Take control now, and show the judge why you’re different from the government’s version of events.

      I’ve seen people transform their outcomes through preparation. It’s not easy, but it’s worth it. Your effort today can change everything about how you’re seen tomorrow.

      Justin Paperny

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