THE CHETSON FIRMCriminal Defense Attorneys
19 W. Hargett St., Suite 400, Raleigh, NC 27601 | info@chetson.com
The Federal Sentencing Guidelines determine the recommended sentence in almost every federal criminal case. Understanding them — and knowing how to fight them — is one of the most critical skills a federal defense attorney must have. Damon Chetson obtained a 24-day sentence in a wire fraud case where co-defendants received years. That result came from preparation, not luck.
State & Federal Criminal Law
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Eastern District of North Carolina
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The U.S. Sentencing Guidelines produce a sentencing range by combining two factors: the Total Offense Level and the Criminal History Category. These intersect on a sentencing table to produce a range in months — for example, 63–78 months — that the judge must consider when imposing sentence.
After United States v. Booker (2005), the Guidelines are advisory rather than mandatory. Judges calculate the range, consider it, then impose a sentence reflecting the statutory factors under 18 USC § 3553(a). A skilled defense attorney uses both the Guidelines calculation and the § 3553(a) factors to argue for the lowest possible sentence.
Base offense level for the crime, plus specific offense characteristics (drug quantity, weapon, role), minus acceptance of responsibility credit (2–3 levels). Ranges from 1 to 43.
Points assigned for prior convictions based on sentence length. Categories I (0–1 point) through VI (13+ points). Prior sentences over 60 days = 2 points; 13+ months = 3 points.
After a federal conviction or guilty plea, the U.S. Probation Office prepares a Presentence Investigation Report (PSR) calculating the recommended Guidelines range. The PSR is one of the most consequential documents in a federal case — and it is frequently wrong.
"A single successful objection to the PSR can mean years less in federal prison. We have reduced clients' Guidelines ranges significantly through documented objections to drug quantity, role adjustments, and enhancement challenges. This work begins the moment a guilty plea or verdict is entered."
| Type | Basis | Examples |
|---|---|---|
| 5K1.1 Departure | Government motion for substantial assistance | Providing information about co-defendants, testifying at trial of others. Government must file the motion. |
| Guidelines Departure | Specific Guidelines provisions authorizing departure | Diminished capacity (§5K2.13), aberrant behavior (§5K2.20), overstatement of criminal history (§4A1.3) |
| Variance (§3553(a)) | Judge's weighing of statutory sentencing factors | Nature and circumstances of offense; history of defendant; need to avoid unwarranted disparities; rehabilitation potential |
| Safety Valve | 18 USC §3553(f) — eligible drug offenders | First-time, non-violent drug offenders who provide full information to government can be sentenced below mandatory minimum |
The most important document a defense attorney prepares at sentencing is the § 3553(a) sentencing memorandum — a comprehensive argument for a below-Guidelines sentence. An effective memorandum addresses:
Federal Wire Fraud Conspiracy (18 USC 1343, EDNC 2021) — Through meticulous sentencing preparation, mitigation, and § 3553(a) advocacy, Damon Chetson obtained a 24-day sentence. Co-defendants received multi-year federal prison sentences.
Dog Fighting / Drug / Firearms Conspiracy (2016) — Government sought seven years. Through Guidelines challenges and comprehensive mitigation, the court imposed 120 days with probation.
No. Since United States v. Booker (2005), the Guidelines are advisory. Judges must calculate the range and consider it, but have discretion to impose a sentence above or below it based on the § 3553(a) factors. A skilled defense attorney argues both the Guidelines calculation and the statutory factors to seek the lowest reasonable sentence.
The PSR is prepared by U.S. Probation after conviction or guilty plea. It calculates your Guidelines range, describes the offense conduct, and makes a sentencing recommendation. The PSR is frequently inaccurate on drug quantity, role, and criminal history. Your attorney must review it meticulously, file written objections, and argue those objections at sentencing. A successful objection can reduce the Guidelines range by years.
A 5K1.1 motion is filed by the government — not the defendant — when a defendant has provided substantial assistance to authorities. It authorizes the judge to sentence below the mandatory minimum. Only the prosecutor can file this motion. Whether and when to cooperate is one of the most consequential decisions a federal defendant makes, and it should only be made with experienced federal counsel.
Under 18 USC § 3553(a): the nature and circumstances of the offense; the history and characteristics of the defendant; the need to reflect seriousness, promote respect for law, provide just punishment, deter future conduct, protect the public, and provide needed treatment; the Guidelines range; the need to avoid unwarranted sentencing disparities; and the need to provide restitution.
Board Certified in Federal Criminal Law. CJA Panel attorney. 15+ years of federal court experience. Free, confidential consultation.
The Chetson Firm · 19 W. Hargett St., Suite 400, Raleigh, NC 27601
Results vary by case. Past outcomes do not guarantee future results. Information on this website does not constitute legal advice. Damon Chetson is licensed in North Carolina and admitted in the Eastern, Middle, and Western Districts of NC and the Fourth Circuit Court of Appeals. NC Bar RPC 7.2.