How is a federal sentence calculated? Do they add the offense level and criminal history points together to get offense level?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How is a federal sentence calculated? Do they add the offense level and criminal history points together to get offense level?
I have a friend who was convicted of felony possession of a firearm. That is the only offense for that charge. Under federal sentencing it is a 922 (g)(1) charge. He was a convicted felon with a handgun in the trunk of his car when he was pulled over for running a stop sign, the car was searched and the gun was found and he was charged. He does have a criminal history past, nothing violent, mainly **** offenses and duis, but not sure exactly what. He was given an offense level of 23 for the charge and a criminal history level of VI, for 13 offensive points and therefore sentenced to 92mnths fed time. This seems extremely drastic for someone who didn’t do anything violent or ever had an intent to. Is that correct or is there an errror made in a calculation somewhere?This seems so very harsh
Asked on May 22, 2009 under Criminal Law, Colorado
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Without all the details of your friend's criminal history, there is no way that I can comment on this. The federal sentencing guidelines are very complex, and his attorney should have worked through the process himself before the sentencing; if a mistake was made, his attorney has to be the one to identify it and make a motion to modify the sentence.
As a general rule, firearms plus a history of drug offenses makes a defendant look like a very bad person, since this combination is typical of serious drug dealers.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.