Federal Sentencing Services provides a complete review of all aspects of defendantís case by undertaking an analysis of the facts and applying the USSG provisions which affect the likely sentence. This can be done both before any plea agreement is reached or after a plea is entered or a jury verdict is reached. This report will provide a comprehensive written memorandum applying the latest case decisions which interpret and apply all relevant sentencing factors to defendantís case.
Advantages of utilizing this service include:
The federal sentencing guidelines went into effect on November 1, 1987, and all sentences imposed thereafter are done so using either the guidelines in effect at the time of sentencing or at the time of the offense. Thus, all aspects of the criminal defendantís case must be dealt with in reviewing and applying these guidelines to each individual case. It is extremely important to ensure that the correct guideline manual is utilized and that the defendant receives the lowest possible sentencing range by making sure that improper enhancements are eliminated and that all appropriate downward departures are applied. Even the use of the correct guideline manual year can have a significant impact on the sentence which your client may receive.
All sentences are deferred at the time of a plea in order for the United States Probation Office to conduct an investigation into the defendantís background. In most instances the prosecutor will provide damaging information to the probation officer and if not properly and promptly rebutted the Pre-sentence Investigative Report (PSI) will have a negative impact at sentencing. In many instances the sentencing judge will merely adopt and make part of the record the PSI submitted by the probation officer.
In each instance the probation officer will interview the defendant prior to completion of the PSI, and will incorporate any information and statements made by the defendant. It is important to understand the ramifications of either providing or withholding this information. It is important that you meet with and counsel the defendant prior to their meeting with the probation officer. Information given at this time can have significant impact on several sentencing factors such as institution designation and the availability of sentence reduction programs while incarcerated.
One area which is greatly affected at this level is the defendantís ability to qualify for the Bureau of Prisonís Residential Drug Abuse Program (RDAP), which can reduce a sentence by eighteen months. The defendantís admission into this program may well depend on the information contained in the PSI, much of which is supplied by the defendant.
In many instances assistance can be provided to the busy criminal defense attorney in explaining how the new sentencing guidelines will affect their clientís sentence and how they can help the client to obtain the best possible result. A well researched and documented sentencing memorandum presenting the correct client information and applicable guideline applications can often reduce the clientís sentence and influence their placement in a particular institution. This can also reduce the potential for the client to file a claim of ineffective assistance of counsel via a 28 USC 2255 motion.
Federal Sentencing Services (FSS) can provide quality legal research and analysis in these and other areas which will help you to represent your client utilizing your skills as a practicing criminal defense attorney. See our fee schedule.
This list is representative and not exclusive.
|NOTE: Deviated pricing available for multiple services.|
|1.||Review Indictment and Provide USSG Analysis||$750.00|
|2.||Review Proposed Plea Agreement and Analysis||$1,500.00|
|3.||Consultation and Preparation of Client for PSI Interview||$750.00|
|4.||Motion to Correct or Modify PSI Submitted by Probation Office||$1,500.00|
|5.||Sentencing Memorandum with USSG Application||$2,500.00|
|6.||Post Conviction Motions and Proceedings|
|1) Institutional Transfer||$1,000.00|
|2) Boot Camp Placement||$1,000.00|
|7.||Post Judgment Habeas Corpus Proceedings|
|a) Rule 33 - Motion for a New Trial||$2,500.00|
|b) 28 USC §2241 (Includes Administrative Remedy Proceedings)||$3.500.00|
|c) 28 USC §2255 Motions Federal||$3,500.00|
|d) 18 USC §3582 Retroactive Guideline Amendments||$1,750.00|
|8.||Certificate of Appealibility||$1,750.00|