Criminal Defense Lawyers

Mississippi Federal Sentencing Guidelines

What are Federal Sentencing Guidelines?

The Federal Sentencing Guidelines are rules that federal judges use to determine the punishment for people convicted of federal crimes. Established in 1987, the goal was to promote uniformity in sentencing by providing a framework judges could reference. Here’s the key thing to understand: the guidelines provide a range of potential sentences based primarily on two factors:

1. The seriousness of the crime
2. The defendant’s prior criminal record

So in a nutshell, more serious crimes and more extensive criminal histories translate to stiffer sentences under the guidelines. 

Calculating a Sentence Under the Guidelines

Figuring out a sentence under the guidelines is a multi-step process. Here’s a quick overview:

1. Determine the base offense level. Every federal crime is assigned a base offense level, which is basically a number that represents the seriousness of the offense. The higher the number, the more serious the crime.
2. Factor in specific offense characteristics. This is where the details of the crime come into play. Let’s say it’s a drug case – the type and quantity of drugs involved can bump up the offense level. Or if it’s a fraud case, the amount of financial loss caused by the fraud can increase the level. You get the idea.
3. Make adjustments. Now we look at factors that could either increase or decrease the offense level. Stuff like whether the defendant played a major or minor role in the crime, whether they obstructed justice, or if they accepted responsibility by pleading guilty.
4. Determine criminal history category. This is based on the number and seriousness of prior convictions. The more prior convictions, the higher the criminal history category.
5. Consult the sentencing table. Armed with the total offense level and criminal history category, the judge refers to a sentencing table to find the guideline range, which is expressed in months of imprisonment.

Here’s an example to illustrate:Let’s say a defendant is convicted of bank robbery, which has a base offense level of 20. But he was armed, so that adds 2 levels. And he took $50,000, which adds 2 more. His total offense level is 24. He has two prior felony convictions, putting him in Criminal History Category III. Looking at the sentencing table, the guideline range for an offense level 24 and Criminal History Category III is 63-78 months in prison.

Departures and Variances

Now, an important caveat: the guidelines are advisory, not mandatory. What does that mean? Basically, judges have to consider the guidelines but they’re not bound by them. They can impose a sentence outside the guideline range through what’s called a “departure” or “variance.”A departure is where the judge imposes a sentence outside the guideline range based on certain factors that are specifically laid out in the guidelines themselves. These might be things like:

• The crime involved extreme cruelty or brutality
• The defendant provided substantial assistance to the government
• The defendant’s criminal history is overstated

In contrast, a variance is where the judge imposes a non-guideline sentence based on the general sentencing factors in the federal statutes. This gives judges more flexibility to tailor the sentence to the unique circumstances of the case and the defendant.

The Role of Plea Bargains

In the federal system, the vast majority of cases are resolved through plea bargains rather than trials. And plea bargains can have a big impact on sentencing under the guidelines. Often, plea agreements will include what’s called a “stipulation” – basically an agreement between the prosecution and defense about how certain factors relevant to the guidelines should be applied. For example, they might agree on the amount of drugs involved or the amount of loss in a fraud case. These stipulations can have a big impact on the ultimate guideline range.Plea agreements can also include agreements about departures. For instance, the prosecution might agree to recommend a downward departure if the defendant provides substantial assistance.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Specific Considerations in Mississippi

So how does all this play out specifically in Mississippi? Here are a few key things to keep in mind:

• Mississippi is part of the Fifth Circuit Court of Appeals, which covers Texas, Louisiana, and Mississippi. This means that Fifth Circuit case law is binding on federal judges in Mississippi when it comes to interpreting the guidelines.
• The U.S. Attorney’s Office for the Southern District of Mississippi, which covers the southern half of the state, has its own policies and practices when it comes to plea bargaining and sentencing recommendations. The same goes for the Northern District of Mississippi.
• Mississippi has a relatively high rate of federal gun and drug prosecutions compared to other states. This means that the specific guideline provisions related to firearms and drug offenses come into play frequently in Mississippi federal cases.

Practical Tips

If you’re facing federal sentencing in Mississippi, here are some practical tips to keep in mind:

1. Hire an experienced federal criminal defense lawyer. The federal sentencing guidelines are complex, and having an attorney who knows how to navigate them is crucial.
2. Be proactive in gathering mitigating evidence. This might include character letters, records of employment or community service, or evidence of addiction or mental health issues. Your lawyer can use this to argue for a lower sentence.
3. Consider the pros and cons of pleading guilty. In many cases, pleading guilty and getting the benefit of a plea agreement can result in a lower sentence than going to trial and losing. But every case is different, so it’s important to discuss this carefully with your lawyer.
4. Be prepared for the presentence investigation. After a guilty plea or conviction, a probation officer will prepare a presentence report, which includes a calculation of the guideline range and other relevant information. Review this carefully with your lawyer and be prepared to object to anything inaccurate.
5. Understand that the judge has the final say. While the guidelines are important, remember that the judge ultimately decides the sentence. That’s why it’s so important to present the judge with compelling reasons for leniency.