San Antonio Criminal Defense Attorney
Law Office of Robert H. Featherston, P.C.
State & Federal Criminal Defense
San Antonio, Texas
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§3553(a) & Federal Sentencing Guidelines
My Firm has a particular expertise in using 18 U.S.C. §3553(a) sentencing factors and the Sentencing Reform Act, (the guidelines) to my clients advantage.
18 United States Code Section 3553(a) Factors to be Considered in Imposing Sentence. This code section list a number of factors that a skilled trial attorney takes into consideration when arguing that the Court shall impose a sentence sufficient, but not greater than necessary to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; to afford adequate deterrence to criminal conduct; to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.
Federal Sentencing Reform Act. Requires a Federal District Court Judge to consider the guideline range applicable to the defendant and pertinent policy statements of the Sentencing Commission, who authored the Guidelines. The current Guidelines manual consists of over 2,000 pages of material and refers to thousands of Court opinions. The Law Office of Robert H. Featherston has years of expertise in the proper calculation of sentencing ranges and the aggressive use of §3553(a) factors to the client's benefit.
Sentencing in Federal Court falls into three categories: (1) those within a properly calculated Guidelines range, (2) those outside a properly calculated Guidelines range that are based on an allowed upward or downward departure, and (3) those outside a properly calculated Guidelines range that are not based on an allowed departure, in other words a Non-Guidelines sentence.
When a Federal Judge determines what a sentence will be he first, must correctly determine, after making appropriate findings of fact, the applicable guideline range. Next, the court must "determine whether a sentence within that range serves the factors set forth in §3553(a) and, if not, select a sentence [within statutory limits] that does serve those factors." In doing so, the district court should first look to whether a departure is appropriate based on the Guidelines Manual or relevant case law. If an appropriate basis for departure exists, the district court may depart. If the resulting departure range still does not serve the factors set forth in §3553(a), the court may then elect to impose a non-guideline sentence. The district court must articulate the reasons for the sentence imposed, particularly explaining any departure or variance from the guideline range.
My clients are fully informed of the impact these Guidelines and §3553(a) factors can have on their life and are able to make an informed decision prior to going to trial.
Attention to detail is my watch word !
Total dedication to your case my standard !
You can find no better Law Firm to aggressively represent your interests !
Call me now to arrange an appointment to discuss your case, (210) 279-3711.