Category Archives: Sentencing

The Top Federal Felony Charges That Come With Mandatory Minimum Sentences: New USSC Report

The United States Sentencing Commission (“USSC”) recently published new information regarding mandatory minimum sentences in federal felony charges.  Read, United States Sentencing Commission Quick Facts Mandatory Minimum Penalties (FY 2024). What does this mean for criminal defense lawyers as well as federal prosecutors?  And, importantly, how does this impact those who are being investigated, charged, convicted,…


Defense Mitigating Factors: Reducing Sentences in Federal Cases

Mitigation in Sentencing: October 2024 USSC Primer for Federal Criminal Defense Our previous article focuses upon the importance of sentencing considerations in any federal criminal defense matter.  Particularly, how it is critical for defendants and their loved ones to know that the prosecution will have a number of “aggravating factors” to argue as reasons to…


How Prosecutors Try to Maximize Punishment:  Aggravating Factors in Federal Sentencing

October 2024 USSC Primer Provides Guidance on Application of USSG §3B1.1 It’s all about the trial if you watch movies, TV shows, or YouTube true crime podcasts.  But that’s not reality for those facing federal felony charges.  Evidentiary sentencing hearings are a huge battleground for most federal defendants. Criminal lawyers defending people who are being…


USSC Limits (But Does Not End) Use of Acquitted Conduct in Federal Sentencing

On April 17, 2024, the United States Sentencing Commission (“USSC”) announced that after an unanimous vote of the bipartisan group, the United States Sentencing Guidelines (“USSG”) will change regarding how a past acquittal in federal court can be used in a subsequent federal matter to calculate a sentence under the USSG. For details on acquitted…


Categorical Approach: Longer Federal Sentences With Past Convictions

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses.  How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…


Retroactive US Sentencing Guideline (USSG) Amendments 2023

Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC).  This is a critical difference between the state and federal criminal justice systems. What is this…


Alien Smuggling in Texas: Federal Felonies & United States Sentencing Guidelines

The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions.  And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural…


When Businesses are Charged with Crimes: Organizational Offenders

First things first, we all know they’re not people.  In legal jargon, corporations are “legal entities” that exist through the operation of state law (usually) under things like the Texas Business Organizations Code, where “corporation” is defined as “…an entity governed as a corporation under Title 2 or 7.  The term includes a for-profit corporation,…


When Someone Becomes a “Career Offender” under Federal Law

Al Capone is reported to have explained his activities during Prohibition as, “I am just a businessman, giving the people what they want,” but for many, there are few that better typify the career criminal than Al Capone, deemed “the most prominent figure of organized crime.” Read, Hipango Jr, Waata, Robert Smith, and Léo-Paul Dana….


Punishing Defendants for Exercising Their Right to Trial

Criminal defense attorneys practicing here in Texas, both in state and federal court, know all too well that it is a common practice for the government to punish defendants for exercising their rights – especially their right to a trial.  This is true despite the clear constitutional right to trial found in the Sixth Amendment…