Federal sentencing is tough, and difficult to understand. While a favorable plea agreement may have been reached, and objections to the Presentence Investigation Report (more commonly known as a “PSR”) made, nothing is certain. All decisions regarding PSR objections, motions for departures and variances, are made during the sentencing hearing.

Federal sentences are imposed in months, not years, as noted in the below 2025 Sentencing Table. The sentence a person faces is guided by a  range. A person’s guideline range is determined by two factors: the total offense level for the crime(s) they were found guilty of, and their Criminal History Category. In order to determine a defendant’s Criminal History Category, a complete list of their prior criminal history is  needed. Any conviction within 15 years of the current offense may count for criminal history purposes.

The base offense level for any offense is found in the 2025 United States Sentencing Commission Guidelines Manual. The Sentencing Guidelines also include numerous provisions and enhancements that if applicable, can increase an offense level. For example, a person charged with possession of a firearm by a felon, pursuant to 18 U.S.C. 922(g), may have a base offense level of 14. However, if that person was previously convicted of a controlled substance offense, the base offense level is automatically increased 6 points, to offense level 20. Enhancements also apply in other ways. For example, a person charged with conspiracy to distribute 1 kilogram of cocaine faces a base offense level of 24. If that person possessed a firearm during their drug activity, a 2 point enhancement would apply, bringing the total offense level to 26.

A defendant’s guideline range is found at the cross point of their Criminal History Category, and total offense level. The guideline range is only suggestive of the sentence that a person may receive. Federal judges are no longer required to sentence a defendant within their guideline range. A judge can sentence a defendant above or below their guideline range, as long the defendant is sentenced within the full range of punishment for the offense. For example, a person charged with possession of a firearm by a felon, pursuant to 18 U.S.C. 922(g), faces a guideline range between no prison time, and 15 years in prison. If that defendant has a guideline range of 21-27 months, and the judge sentences the defendant to 60 months, there is no error because the sentence is within the full range of punishment.

When a defendant that is on bond, is sentenced to prison, the judge has the option of allowing the defendant to self surrender to prison on a later date, or take the defendant into custody immediately. This decision is solely up to the judge.