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Your case will be handled very differently in federal court than it would be handled in state court. The reasons for this difference are numerous and complex.
However, the major differentiator between state and federal court is the practice of referencing the Federal Sentencing Guidelines when determining a sentencing range in federal court.
The first issue that determines the punishment imposed by the court in any federal criminal proceeding is the criminal history category of the defendant. There are 6 levels of criminal history categories. The criminal history category is determined by the defendant’s prior criminal record and the severity of each prior conviction (IE, misdemeanor, felony, serious drug charge or crime of violence). Each conviction is assigned a point level and when all the points are totaled, the criminal history category is calculated as follows:
According to the Federal Sentencing Commission’s recommendations, the following method is used to determine the points for category determination:
Any sentences imposed that exceeded 13 months count for the criminal history calculation if that sentence was imposed within 15 years of the instant offense. All other sentences must have been imposed within 10 years of the instant offense in order to count towards the criminal history calculation.
In addition, sentences are calculated by determining what the maximum punishment could be imposed by the court. For example, if you were sentenced to 4 days in jail and probation on a class C felony in state court, the court would calculate the prior conviction as a 3 point conviction since the punishment maximum was 5 years in prison.
Deferred dispositions or diversionary programs are also used to calculate the criminal history category. For example, if you’re on deferred disposition for an OUI and it was dismissed following successful completion of said program, you will be hit with a 1 point conviction for the purpose of calculating your criminal history category as the US Probation Department is authorized to use any criminal charge where a plea of guilty or nolo contendre was entered.
As you can see, a criminal history category of III or higher is quite easy to reach under the Sentencing Guidelines. The higher your criminal history category is, the stiffer the term of imprisonment range under the Guidelines. For example, someone with a Criminal History Category of IV and who has a base offense level of 14 is facing 24-30 months of federal prison time. If that person had a Criminal History Category of I with the same base offense level of 14, the prison range would be 15-21 months, which is a huge difference. As the base offense levels increase, the sentencing disparity between someone with an extensive criminal history and no criminal history widens.
In order to calculate a base offense level, one needs to determine the crime as defined in the United States Criminal Code and then look in the Federal Sentencing Guidelines for the base level offense. For example, if you’re charged with possession of child pornography, the base offense level is 22. Combine that with a Criminal History Category level V, the defendant is looking at 77-96 months in prison.
Of course, there are additional calculations wrapped up in the base offense level, which are referred to as the Specific Offense Characteristics. Using the child pornography possession scenario, the following offense characteristics would apply:
Apply the LARGEST of the following that applies:
As you can see, the underlying sentence can get markedly worse with all of these enhancements. So, under our original scenario that involved a defendant with a criminal history of IV and a base offense level of 22, if we assume that there were 600 or more images of child porn, that a computer was used in the commission of the crime, one or more images contained a prepubescent child, one or more images constituted sadistic or masochistic conduct, and the images were distributed on some type of shareware service, the base offense level would be bumped up to a 35, which equates to a prison sentence of 262-327 months in prison. That’s nearly 30 years in prison for a non-violent offense!
Generally, when mandatory minimum sentences are involved, the only way to get underneath the mandatory minimum sentence is when the government makes a recommendation for departure under Rule 5k.1. These are only available in cases involving multi-defendant prosecutions, usually for large drug trafficking rings, where the defendant provided substantial information and cooperation and that information led to the arrest and successful prosecution of other defendants. Oftentimes, a defendant may even need to testify at Grand Jury or even trial in order to receive a 5k.1 departure. Again, only the government can make a motion to sentence under the guidelines and the mechanism for that is the 5k.1 letter.
The Defendant is free to argue a downward departure as part of a sentencing memorandum. A motion for downward departure essentially petitions the court to impose a sentencing range that is lower than the recommended Guideline range. There are distinct and specific, acceptable reasons for why a departure should be granted. Many of these arguments are made under the category of offender specific characteristics, which include the diminished capacity of the defendant, severe medical issues, alcohol or drug addiction and others. However, the Defendant is not limited to these issues can argue that the Guideline range shouldn’t apply because they are merely advisory, with many of the mandatory enhancements operating as a punitive sanction and therefore, the Court is free to disregard those enhancements and Guidelines and may fashion their own remedy.
Keeping in mind that the Guidelines have been rendered as “advisory” by prevailing case law, in a few rare instances, the court will increase the guideline sentence range in extraordinary cases. Examples would be where a person has an extensive criminal history of violence that falls outside of the timeline for calculating the Criminal History Category and the crime for which the defendant is being sentenced is similar in nature, courts will sometimes increase the recommended sentence… by a substantial amount.
The Federal Sentencing Guidelines were rendered advisory by the US Supreme Court in the landmark case of Booker v. the United States. Booker, a drug trafficking case, specifically prohibits federal courts from having their sentencing discretion bound by the Commission’s “recommendations”. While the Guidelines are now considered advisory and courts are free to deviate up or down from their recommendations, the Court still must put on the record its reasons for the deviation. Therefore, a good criminal defense attorney will know precisely what the sentencing judge is looking for and what he or she finds important or trivial and emphasize or minimize those factors accordingly.
If you’ve been charged with any federal criminal offense, don’t just hire any attorney. Get in touch with The Maine Criminal Defense Group. We have the experience necessary to handle your case from pre-indictment investigation through trial and sentencing, if necessary. Contact us today!
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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