In Federal court, all criminal charges have a base offense level. This base level plays a significant role in determining the possible sentencing range for a particular federal crime. There are five “adjustments” which impact this base offense level and, in turn, affect whether a Defendant may receive either an enhanced or decreased punishment.
The five adjustments to the Federal Sentencing Guidelines are as follows:
(1) “Victim” related adjustments;
(2) Adjustments based on the defendants “role” in the offense;
(3) Adjustments for “obstructing the administration of justice”;
(4) Adjustments for “defendant’s acceptance of responsibility”
(5) Adjustments for “multiple count convictions.”
Victim related Adjustments
The first adjustment affecting the federal base offense level is the status of the victim. If the defendant knew or should have known that a victim of the offense was especially vulnerable because of the victim’s age, mental or physical condition, or otherwise particularly susceptible to the defendant’s criminal conduct, the federal base offense level is increased two levels.
If, however, the defendant’s commission of the crime affected a significant number of vulnerable victims, the federal criminal offense level may be increased by two additional levels. The most common example of this situation is when the defendant has implemented a pyramid scheme.
Another type of victim status adjustment is where the victim of the offense is a current or former government official or employee or a member of the immediate family of a current or former government official or employee. In this situation, the federal base offense level by three levels.
Finally, if the victim was physically restrained during the course of the offense, the offense base level is increased by two additional levels. For example, if an individual robbed a bank and, in the course of committing the robbery, tied up bank personnel, this enhancement would apply.
Role in the Federal Criminal Offense:
Aggravating Role
Another factor taken into account when a federal criminal defendant is sentenced is the role in the offense which the individual played. If the defendant is the primary aggressor or played an integral role in planning or executing the criminal activity and the criminal activity involved five or more participants, the federal base offense level is increased four levels.
If the defendant merely supervised or oversaw the criminal activity and it involved five or more participants, the federal base offense level is increased by three levels.
If there were four or less participants involved in the offense and the defendant served in a supervisory or managerial role in the criminal activity, the federal base offense level is increased by two levels.
Mitigating Role
On the other hand, if the defendant played a minor role in the commission of the criminal offense, there may be a decrease in the federal base offense level. For example, if the defendant is considered a “minimal participant” in the crime, the federal offense level is decreased by four levels. If the defendant is determined to be a “minor participant” in the commission of the offense, the federal base offense level is decreased by two levels.
Acceptance of Responsibility
Finally, a defendant’s acceptance of responsibility for his criminal activity can often lead to a decrease in the federal base offense level. If a defendant “clearly demonstrates” acceptance of responsibility for his role in a federal crime, he can get a two level reduction in the federal base offense level. In addition to accepting responsibility for a federal crime, a defendant can further reduce their base offense level when they provide timely and accurate information pertaining to their role in the offense and promptly informs the United States Attorney’s Office. When a defendant provides the AUSA with this information, the federal base offense level decreases three levels.
Obstructing the Administration of Justice
If, on the other hand, a defendant fails to accept responsibility for their federal criminal conduct and actively interferes with a federal criminal investigation, the base offense level may be increased by two levels.
Federal Classification of Criminal Offenses in Los Angeles Federal Court:
Under 18.U.S.C. section 3559, the classification of offenses by punishment exposure is as follows:
(A) maximum life or death penalty, a Class A felony;
(B) 25 years or more, Class B felony
(C) less than 25 years, but 10 years or more, Class C felony;
(D) less than 10 years, but five or more, Class D felony;
(E) less than five years, but more than one year, Class E felony;
(F) one year or less but more than six months, Class A misdemeanor;
(G) six months or less but more than 30 days, Class B misdemeanor;
(H) 30 days or less but more than five days, Class C misdemeanor;
(I) five days or less, or if no jail stated, as an infraction
Criminal History of the Defendant:
As described above, the federal criminal offense level affects the Federal Sentencing Guidelines and, correspondingly, the federal criminal defendant’s ultimate term of incarceration. The federal criminal offense level ranges from offense level one to 43. In determining the federal criminal offense level, the starting point is the base offense level, which is determined by the particular offense with which the defendant is charged. Once this level has been ascertained, the Federal Sentencing Guidelines call for the AUSA to consider the defendant’s prior criminal history.
In assessing a federal defendant’s criminal history, the Federal Sentencing Guidelines take into account six different categories. Points are assigned to the defendant based on these categories. The greater the number of points accumulated by a defendant due to his prior criminal offenses, the higher the Criminal History Category. The point assessment is based on the following:
(1) Previous sentences greater than one year and one month will add 3 points.
(2) Sentences that resulted in more 60 days of confinement but less than one year and one month will add 2 points.
(3) All other prior sentences is given one point with a maximum of four points.
(4) For crimes committed while serving a sentence, work release, probation, imprisonment or on escape status add 2 points.
(5) If the person committed his current offense less than two years after release from 60-day or greater sentences is given 2 points.
If the person committed a prior crime of violence that were not counted because they were considered related add 1 point with a maximum of 3 points.
