Federal Sentencing Guidelines
The Federal Sentencing Guidelines can be extremely complex, and are always quite harsh. Probation under the sentencing guidelines is rare, and although advisory, federal judges still follow the sentencing guidelines in the vast majority of federal criminal cases, and consider them in all cases.
Joe Kendall knows the Federal Sentencing Guidelines well. In addition to imposing sentence on hundreds of individuals and corporations under the federal sentencing guidelines as a Federal Judge, Kendall also served as a commissioner on the United States Sentencing Commission (the 7-member presidentially-appointed body that writes the Federal Sentencing Guidelines). He helped to write the guidelines and while on the Commission attempted to reform some of their harshness. No other practicing criminal defense lawyer in the country has the dual credential of both sentencing defendants under the Federal Sentencing Guidelines as a federal judge and helping to write the Guidelines as a Commissioner on the U.S Sentencing Commission. Suffice it to say Joe Kendall understands the U.S. Sentencing Guidelines as well as anyone, and much better than most.
While the U.S. Sentencing Guidelines are no longer mandatory but merely advisory, if a Judge does not follow the Guidelines, he or she must give a reason on the record. In the vast majority of cases, federal judges follow the sentencing guidelines.
A staggering 97% of all federal criminal cases nationally result in a plea bargain, typically only on the issue of guilt. In federal court, the sentence is totally up to the federal judge (and thus the U.S. Sentencing Guidelines as a practical matter).
If you take your case to trial and unfortunately lose, you will be sentenced and the sentencing guidelines will apply. If you are considering a plea bargain, knowledge of how the guidelines will apply in your case will drive the plea bargain negotiations. So any way you slice it, having a lawyer represent you or at least having one on your team who has expertise in the Federal Sentencing Guidelines is not a luxury but a statistically proven necessity.
So what does all this mean to you or a loved one who has been charged, is a subject or the target of a federal government investigation? It means you should contact and consult with Joe Kendall and consider hiring him. He will:
- Defend the case for you;
- Represent you during the investigation stage;
- If not already charged, work to prevent you from being charged to begin with;
- If charged, plea bargain or try the case;
- Become a valuable member of your defense team if you have a lawyer/s.
If you have tried the case and you lawyer lost, consider having us handle the sentencing process and hearing for you as well as the appeal, or post-appeal motions for release under 28 U.S.C § 2255. Or simply come in for consultation and a 2nd opinion. The consultation has value.
Former Judge and Sentencing Commissioner Joe Kendall has the background and experience to bring added value to your representation and assistance, alone or as part of a team.
The federal prosecutors wanted to put me in prison using the Federal Sentencing Guidelines. Joe Kendall got me probation instead.