sentencing-memorandum

# Sentencing Memorandum (Defense)

Advocates for the most favorable sentence by presenting the defendant as a complete person, analyzing guidelines, and proposing a just sentence grounded in the § 3553(a) factors.

## Prerequisites

Gather before drafting:

- **Presentence report (PSR)** — USSG calculations, criminal history, personal history
- **Objections to PSR** — factual or legal objections to probation officer's calculations
- **Guidelines calculation** — offense level, criminal history category, guidelines range
- **Defendant's history** — background, family, education, employment, health, military
- **Letters of support** — family, employers, community, clergy
- **Mitigating evidence** — mental health records, substance abuse treatment, trauma
- **Victim impact** — restitution calculations, victim statements
- **Proposed sentence** — what defense requests and why

## Quick Start

1. Calculate correct guidelines range and identify PSR objections
2. Map defendant's life history to § 3553(a) factors
3. Organize mitigating factors by persuasive strength
4. Draft sentence proposal applying the parsimony principle
5. Attach letters of support and evidentiary exhibits

## Document Structure

### Introduction

- Acknowledge the offense honestly
- Introduce the defendant as a person
- Preview the requested sentence

### Guidelines Analysis

**Offense Level**: Base level, specific offense characteristics, adjustments (role, obstruction, acceptance of responsibility), objections with legal authority, correct range.

**Criminal History**: Category/score, objections (over-representation), context for priors.

**Departures and Variances**: Departure grounds (USSG §§ 5K1.1, 5K2.0), variance grounds under 18 U.S.C. § 3553(a), government § 5K1.1 motion if cooperating.

### The § 3553(a) Factors

Address each factor with specificity:

| Factor | Key Content |
|--------|-------------|
| Nature/circumstances of offense | Context, defendant's role, aberrant vs. pattern behavior |
| History/characteristics | Childhood/ACEs, education, employment, family obligations, military, health, substance abuse, age/recidivism |
| Seriousness/just punishment | How proposed sentence reflects gravity |
| Deterrence | General and specific deterrence addressed |
| Public protection | Low recidivism risk evidence |
| Rehabilitation | Treatment programs, educational opportunities |
| Sentences available | Probation, home confinement, intermittent confinement, community service |
| Guidelines range | Advisory nature, parsimony principle |
| Sentencing disparities | Comparable cases with lower sentences |

### Mitigating Factors

Present in order of persuasive strength. For each: supporting evidence (records, declarations, letters), link to reduced culpability or recidivism risk, connection to requested sentence.

### Proposed Sentence

- Specific request (months, conditions)
- Parsimony argument — sufficient but not greater than necessary
- Supervised release conditions
- Alternatives to incarceration if appropriate (home confinement, community service, treatment)
- Restitution: agreed amount or dispute basis, ability to pay, payment schedule, offsets

### Letters of Support

Summarize letters attached, highlight key themes, note specific commitments (employment, housing, support network).

### Conclusion

Humanize the defendant, restate requested sentence, tie to all § 3553(a) factors.

## Pitfalls and Checks

- **Be specific over general** — "works 60-hour weeks as a welder to support three children" beats "is a hard worker"
- **Acknowledge harm honestly** — courts respect candor; never minimize the offense
- **Preempt the government** — address their likely arguments for a higher sentence
- **Support every factual claim** with exhibits, records, or declarations
- **Cite comparable cases** with lower sentences to counter disparity
- **Coordinate on cooperation** — if § 5K1.1 motion applies, align with the government
- **Consider live testimony** — request a sentencing hearing for character witnesses when impactful