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At sentencing, the judge will rule on the parties’ objections and calculate the sentencing guidelines range. Once the sentencing guidelines have been calculated, the parties have an opportunity to submit additional information that has bearing on what sentence should be imposed. Ultimately, the judge will determine the sentence.

What Factors Does The Judge Consider At Sentencing In A Federal Case?

The factors that judges have to consider are contained in Section 3553 of Title 18 of the United States Code. They must impose a sentence sufficient, but not greater than necessary, to achieve certain objectives which are laid out in the law. Those objectives include things like just punishment, rehabilitation, and respect for the law. These are very broad categories that judges are supposed to be aiming towards when determining a sentence. The U.S. Sentencing Guidelines are not mandatory; they are suggested punishment ranges that exist to promote national uniformity. Practically speaking, there are some judges who stick very closely to the guidelines and other judges who don’t pay very much attention to them. We’re lucky in the sense that we’ve practiced in this district for decades, so we know the habits and predilections of our local judges.

Will The Conditions Of The Plea Agreement Impact My Sentencing Range?

There are different types of plea agreements under Rule 11 of the Federal Rules of Criminal Procedure. Some of those plea agreements bind the court to a specific sentence or sentencing range established in the plea agreement and some do not.

Can I Be Sentenced To Pay A Fine And Restitution Even If Most Of My Assets Have Been Forfeited?

An individual can be sentenced to pay a fine and restitution even if most of their assets have been forfeited. It’s up to the judge to determine an appropriate fine and restitution. This is an area where a defense lawyer can advocate on the defendant’s behalf.

Where Will I Serve My Time?

The Bureau of Prisons’ policy is to house people close to their loved ones. Generally, judges will agree to recommend that the defendant be housed near a particular city. That being said, Bureau of Prisons has discretion to house people wherever it chooses in order to efficiently manage the prison system.

What Is Expected Of Me While I’m On Parole Or Supervised Release?

While on parole or supervised release, it is expected that a person will do whatever is asked of them by U.S. Probation, which is a division of the court. This can include home visits and visits to employers. It’s common that a person who’s being supervised will have to check in once a month. Depending on the crime, the probation officer might need to approve travel or new kinds of credit.

What Sets You And Your Firm Apart In Handling Federal Criminal Cases?

We have decades of experience litigating federal criminal cases. My law partner Joe Magliolo and I were both federal prosecutors in Houston and we have dedicated our careers to handling these types of cases. Federal cases require a different skill from state court cases. More emphasis is placed on written work product and the practitioner who knows how to present to federal judges is at an advantage. Also, unlike many of our competitors, we go to trial often. We’re not a volume-based practice and we don’t encourage our clients to plead guilty. Our goal is to obtain the best result possible, even if it’s going to take a lot more work to get it.

For more information on Sentencing In a Federal Criminal Case In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 364-0007 today.


Call Now To Speak With An Attorney
(713) 364-0007