A federal sentencing hearing is the proceeding where a judge decides how long you will spend in federal prison (if at all), whether you will be supervised after release, and what fines or restitution you owe. It typically lasts between 30 minutes and two hours. The judge is not deciding guilt. That question is already settled. One of the questions left is the consequence, or length of the sentence.
Most people show up to sentencing having done almost nothing to prepare. That is the problem.
I served 18 months at Taft Federal Prison Camp beginning April 2008. I was sentenced by Judge Wilson in the Central District of Los Angeles. I remember standing at that podium, thinking about the words I had rehearsed, studied. The truth is, I was not prepared. I didn’t do much to build a new record after UBS fired me in January 2005. I encourage you to do better.
To that end, and to help you prepare, here is what happens at a federal sentencing hearing.
Who Is Present in the Courtroom?
The federal judge sits at the bench. A prosecutor from the United States Attorney’s office represents the government. Your defense attorney sits at the table with you. A probation officer is usually present; this is the person who wrote your Pre-Sentence Investigation Report (PSR). A court reporter is recording everything said. Victims can attend and speak. Family members and supporters are allowed to attend, some may even speak. Most have probably written letters.
The judge does not bring a blank slate to the hearing. Before you walk in, the judge has read your PSR, your attorney’s sentencing memorandum, any character reference letters submitted, and the government’s sentencing memorandum. The opinion began forming a long time ago after reading, United States of America vs. (insert your name).
What Happens First: The PSR and Objections
The judge usually opens the proceeding by confirming that you have reviewed your PSR with your attorney. If your attorney filed objections to the report, those are addressed first.
Objections to the PSR are a big deal. The PSR calculates your offense level under the United States Sentencing Guidelines (USSG), identifies criminal history points, and recommends a guideline range. If any of those calculations are wrong, your attorney argues the error before anything else happens.
This is not a formality. In 2023, federal courts sentenced approximately 65,000 people. Guideline disputes changed outcomes in a large number of those cases. A one-level reduction in offense level can translate to months off a sentence.
If there are no objections, or after objections are resolved, the hearing moves forward.
What the Government Says
The prosecutor usually speaks first. The government’s sentencing memorandum was filed in advance; the prosecutor typically summarizes it at the hearing. The government will argue for a specific sentence. In most white-collar cases, the government recommends a sentence at or near the top of the guideline range. Sometimes they argue for an upward departure.
The prosecutor will describe the conduct, the harm caused, and what sentence the government believes serves justice. They may call victims to speak.
You should listen carefully and not react visibly. Whatever is said about you, the judge is watching your face and your posture. I have sat in courtrooms where defendants visibly bristled at the government’s description of their conduct. That does not help.
What Your Attorney Says
Your defense attorney argues for a sentence below the guideline range or at the low end. This is called a downward departure or a variance, depending on the legal basis.
Your attorney will cite specific factors under 18 U.S.C. Section 3553(a). Those factors include the nature and circumstances of the offense, the history and characteristics of the defendant, and the need to protect the public. Your attorney will present the sentencing memorandum, highlight letters from family, employers, and community members, and make the case that a shorter sentence serves the stated goals of federal sentencing.
A well-built sentencing memorandum does not just ask for leniency. It gives the judge a documented record of who you are, what you did, and what you have done since. That record is what moves judges. Words without documentation are almost useless. No, let me write that again: they are totally useless.
When Victims Speak
Under the Crime Victims’ Rights Act (18 U.S.C. Section 3771), victims have the right to be heard at sentencing. In financial fraud cases, some victims give written statements. Others appear in person.
Victims can say whatever they want about the harm you caused. There is no limit. Judges take victim statements seriously. In some cases, a particularly powerful victim statement has moved a judge toward a harsher sentence than the guideline range suggested.
There is nothing to do in this moment except stand still and listen.
Your Chance to Speak: The Allocution
After the government and your attorney speak, the judge will ask if you want to say anything before sentencing. This is your allocution.
You are not required to speak. However, in almost every case I have seen, not speaking is a mistake.
Your allocution should be short, specific, and honest. Three to five minutes. No more. The judge has read your letters and your sentencing memorandum. The allocution is not the time to re-argue the case or explain why the conduct happened. The allocution is the time to show, briefly and directly, that you understand what you did and what you are doing about it.
The worst allocutions I have seen last 20 minutes and describe how much the defendant has suffered. Judges do not respond well to that. The person sitting in front of them caused harm, created victims. Starting with your own suffering reads as tone-deaf.
The best allocutions I have seen are under five minutes, name the people harmed, take direct ownership without qualification, and describe one or two specific, documented actions the defendant has already taken. Not plans. Actions, things that are in motion.
The Judge’s Decision
After everyone has spoken, the judge makes the sentencing decision. The judge will explain the sentence and the reasoning on the record.
The judge is not required to follow the guideline range. That range is advisory, not mandatory, following the Supreme Court’s 2005 decision in United States v. Booker, 543 U.S. 220. Judges can sentence above or below the range for reasons they find sufficient under Section 3553(a).
In fiscal year 2023, according to the United States Sentencing Commission, 55.4 percent of sentences were within the guideline range. About 33 percent were below the range, primarily due to government-sponsored departures for cooperation or other reasons. About 2 percent were above the range.
What does that mean in practice? The guideline range is the starting point, not the finish line. A well-prepared defendant with a documented record and a credible sentencing presentation can influence where within or below that range the judge lands.
After the Judge Speaks: What Comes Next
The judge will also impose supervised release conditions, which govern your behavior once you complete your prison term. In white-collar cases, supervised release commonly runs two to three years. Conditions typically include reporting to a probation officer, restrictions on travel, financial reporting requirements, and prohibitions on new criminal conduct.
If you are going to prison, the judge will set a self-surrender date. You will not be taken into custody that day in most white-collar cases. You will receive a date, typically 30 to 90 days out, to report to the designated Bureau of Prisons facility.
The lawyer should ask for a specific prison, specific surrender date, and recommendation for any programs, like the Residential Drug Abuse Program, which can take up to 12 months off a sentence. Note, not all prisons have RDAP: learn more here.
The Document That Should Already Exist Before the Hearing
Everything I am describing: the letters, the sentencing memorandum, the allocution, the documented evidence of who you are and what you have learned, none of it should be created the week before the hearing.
The most effective sentencing records I have seen were built over months. Some over years. They include dated journal entries, documented community service, letters written and revised, a clear accounting of what happened and why, and a concrete plan for what comes next.
Judges read thousands of these documents. They can identify in about 90 seconds whether a letter was written last Tuesday by an attorney or whether the person submitting it has been doing the actual work.
I started writing on October 12, 2008, from Taft Federal Prison Camp. I had not done the work before I got there. I paid for that. People who come to us six months before sentencing and have been documenting their conduct since the day of arrest are in a fundamentally different position than clients who call us the week before their hearing.
Build the record before you need it.
FAQs
Do you go to jail immediately after a federal sentencing hearing?
In most white-collar federal cases, no. Judges typically set a self-surrender date 30 to 90 days after the sentencing hearing. You remain free on bond and report directly to your designated Bureau of Prisons facility on the date set by the court. In violent crime cases or cases where the judge determines you are a flight risk, the defendant may be taken into custody immediately.
Who speaks at a federal sentencing hearing?
The prosecutor speaks first, then your defense attorney, then any victims who wish to speak, and finally you, if you choose. The judge may ask questions at any point. After all parties are heard, the judge delivers the sentence and states the reasons on the record.
How long does a federal sentencing hearing take?
Most federal sentencing hearings run between 30 minutes and two hours. Complex cases with many victims, lengthy disputes over the Pre-Sentence Report, or extensive victim impact testimony can run longer. Plea sentencing hearings in straightforward cases are often under an hour.
What is a PSR and why does it matter at sentencing?
The PSR (Pre-Sentence Investigation Report) is the document your probation officer prepares after interviewing you, reviewing case materials, and calculating your guideline range under the United States Sentencing Guidelines. The judge reads it before the hearing. It determines your offense level, identifies criminal history points, and recommends a guideline range. Errors in the PSR need to be identified and objected to before the sentencing hearing.
What should I say during my allocution at sentencing?
Keep it under five minutes. Do not re-argue your case. Name specific people you harmed. Take direct ownership without qualification. Describe documented actions you have already taken, not future plans. The judge has read your letters. The allocution is your chance to show, briefly and in your own words, that you understand what happened and have done something about it.
What is the guideline range and is the judge required to follow it?
The guideline range is calculated under the United States Sentencing Guidelines based on your offense level and criminal history category. Following the Supreme Court’s 2005 decision in United States v. Booker, the guidelines are advisory, not mandatory. Judges must calculate the range and consider it, but they can sentence above or below based on factors in 18 U.S.C. Section 3553(a). In fiscal year 2023, about 55 percent of federal sentences fell within the guideline range.
Can a family member attend the sentencing hearing?
Yes. Sentencing hearings are open to the public. Family, friends, and supporters are permitted in the gallery. Some judges allow family members to submit letters for the record or speak briefly during the proceeding. Your attorney will advise you on what to request in your specific court.
What happens after the federal sentencing hearing if I am going to prison?
You will receive a designation letter from the Bureau of Prisons indicating which facility you are assigned to and your report date. Between sentencing and self-surrender, prepare your paperwork, get a physical examination, settle personal and financial affairs, and if you have not already, read everything you can find about the facility you are going to. The 30 to 90 days between sentencing and self-surrender is not time to grieve. It is time to prepare.
About the Author
I’m Justin Paperny, founder of White Collar Advice. Our team teaches people how to build a timestamped record that influences cynical stakeholders: judges, probation officers, wardens. We will never ask you to do what we have not done and documented.
We give everything away free: courses, blogs, books, podcasts, weekly webinars, and more. You do not need a prison consultant. You need to learn how to engineer your desired outcome. Not through talk or clichés, but aggressive daily action.
The lessons we teach come from the Straight-A Guide framework that Michael Santos developed through 26 years in federal prison. That same framework is now inside every Bureau of Prisons facility through Prison Professors Charitable Corporation, a nonprofit White Collar Advice supports. If you want to learn how we can help you engineer assets and get vested in the nonprofit’s mission, schedule a call.
