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Federal Sentencing FAQ

Key questions about how federal sentences are calculated and challenged.

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Are the sentencing guidelines mandatory?
No. Since United States v. Booker (2005), the guidelines are advisory, not mandatory. Judges must calculate the guideline range but may impose a sentence outside it.
What is a downward departure?
A downward departure is a sentence below the guideline range based on circumstances recognized by the guidelines, such as substantial assistance or aberrant behavior.
How does relevant conduct affect my sentence?
Relevant conduct under USSG 1B1.3 can include uncharged and even acquitted conduct. This can dramatically increase the guideline range.

New research notes are added to this archive as courts publish additional decisions.

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Sentencingguidelinesguide is maintained as an editorial research archive for this topic. It summarizes public materials, case law, and statute-level references without offering intake or representation.

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