GUIDE TO FEDERAL SENTENCING

The PSR interview is a one-on-one meeting with a probation officer. It usually happens after you plead guilty or are found guilty at trial, and before your sentencing date. The purpose is to gather information for the report. You will be under oath, and what you say can affect your sentence.

• The interview typically takes place in person at the probation office, but sometimes it happens at the jail if you are in custody or at the courthouse lockup rooms.
• FDP attorneys always attend the PSR interview with their clients.  You should not do your interview alone.
• The officer will ask questions about your background: where you grew up, your family, your education, jobs, health history, substance use, and finances.
• Your FDP lawyer will help you prepare a written statement about the offense.  You will not discuss this at the PSR interview. 

What you say and the documents you provide will go into the report, which the judge will read carefully before deciding on your sentence. The PSR can influence things like:

• Your sentencing guideline range
• Whether you’re eligible for programs or alternatives to incarceration
• Your designation to a particular type of prison facility

• Be honest and cooperative, but don’t volunteer unnecessary information—especially about the offense—without your lawyer’s guidance.
• Tell your lawyer everything about your history, family, health, and finances so they can help shape the report in your favor.
• Provide documentation where appropriate: school records, job history, medical information, etc.

After the interview, the probation officer drafts the report. You and your lawyer will receive a copy to review and can file objections if there are errors or disagreements. Then the court will hold a sentencing hearing where the judge considers the PSR, any objections, and other materials before issuing your sentence.

Anyone who knows the defendant well — including family members, friends, employers, clergy, teachers, mentors, and neighbors — can write a letter. Each letter should come from the heart and reflect the unique relationship between the writer and the defendant.

Here’s a basic structure that works well:

1. Your Name and Relationship

Start by saying who you are and how you know the person. Include:

• Your full name
• Your job or role in the community
• How long you’ve known the defendant
• The nature of your relationship

2. Your Knowledge of the Defendant

Share specific examples of the person’s character, such as:

• Acts of kindness or generosity
• Responsibility as a parent, partner, or friend
• Work ethic or community involvement
• How they’ve handled adversity, treatment, or personal growth

3. Your Thoughts on the Case and Sentencing

Without arguing the law or denying guilt (unless you have been asked to speak to that), express:

• Your belief in the person’s potential
• The impact of a prison sentence on their family or community
• Any support you will offer (e.g., housing, job, mentoring)
• A respectful request for leniency, if appropriate

4. Closing

Sign your name and, if you’re comfortable, include your contact information.

• Be honest and respectful. Avoid exaggeration or emotional pleas that attack the justice system.
• Avoid legal arguments. Let the defense lawyer handle those.
• Use plain language. Judges appreciate sincerity and clarity.
• Keep it to 1–2 pages. Short, heartfelt letters are better than long ones.

Dear Judge [Last Name],

My name is [Your Name], and I have known [Defendant’s Name] for over 15 years. I am writing this letter in support of [his/her/their] upcoming sentencing. As a [your profession/relationship], I’ve had the opportunity to see [Defendant] in a variety of settings, and I want to share my perspective on who [he/she/they] is beyond the current charges.

Your voice matters. Your letter can help show the judge that the defendant is more than their worst mistake. Take your time, write from the heart, and know that your support means a great deal.

If you have any questions about what to say or how to submit the letter, please don’t hesitate to reach out to the defense team.

Several important things happen before the sentencing date:

1. The Presentence Report (PSR)

• A U.S. Probation Officer interviews you and writes a report that gives the judge background information about your life, your criminal history, and the details of the offense.
• You and your lawyer can review the report and object to any errors or unfair information.

2. Guideline Calculations

• The judge uses the Federal Sentencing Guidelines to calculate a recommended sentencing range based on your offense and criminal history.
• These guidelines are advisory, not mandatory — the judge can go higher or lower depending on the case.

3. Sentencing Memoranda

• Your lawyer may submit a document called a sentencing memorandum that tells your story, highlights mitigating factors, and explains why a lower sentence is appropriate.
• The government may also file its own memorandum recommending a certain sentence.

The judge must consider the goals of sentencing under federal law, including:

• The seriousness of the offense
• The need to protect the public
• Your personal history and characteristics
• Whether punishment will deter others from committing crimes
• Your potential for rehabilitation
• Any need for treatment or education

These are outlined in 18 U.S.C. § 3553(a) — a section of federal law your lawyer will refer to when making arguments on your behalf.

At the hearing:

1. The judge will review the Presentence Report and any objections.
2. Both sides (your attorney and the government) will make arguments about what sentence should be imposed.
3. You will have the opportunity to speak — this is called allocution. You can express remorse, explain what you’ve learned, and share how you plan to move forward. It’s optional, but it can have an impact.
4. The judge will announce your sentence and explain how they reached their decision.

• If you are sentenced to prison, the Bureau of Prisons (BOP) will decide where you will serve your sentence.
• You may be allowed to self-surrender at a later date, or you may be taken into custody immediately.
• If you’re sentenced to supervised release or probation, the court will give you specific conditions you must follow.

• Be honest and cooperative in the Presentence Interview.
• Share important documents with your lawyer: medical records, letters of support, proof of employment, etc.
• Take responsibility and show remorse if you’re ready to do so.
• Work with your lawyer to put your best case forward.