FEDERAL SENTENCING

Defendant's can receive sentences of  (1) Probation (2) Home Confirment (3) Split Sentences (4) Prison, and/or (5) Death. The minimum and maximum length and the type of sentences for crimes are determined by congress and then applied by the courts within those guidelines set by congress. 

The United States Sentencing Commission ("Commission") established detailed guidelines prescribing the appropriate sentences for offenders convicted of federal crimes. The Court is required to consider and apply these guidelines but is not bound by them.  

Congress also established detailed guidelines prescribing the procedure for sentencing for offenders convicted of federal crimes. The court is required to impose a sentence sufficient, but not greater than necessary, to comply with the following purposes and in determining the particular sentence to be imposed considers

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

(2) the need for the sentence imposed 

           *to reflect the seriousness of the offense, 

           *to promote respect for the law, and 

           *to provide just punishment for the offense; 

           *to afford adequate deterrence to criminal conduct;

           *to protect the public from further crimes of the defendant;
          *to provide the defendant with needed educational or vocational training, medical care, or                  other correctional treatment in the most effective manner;

(3) the kinds of sentences available;

(4) the kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines—issued by the Sentencing Commission pursuant to section 994(a)(1) of title 28, United States Code, subject to any amendments made to such guidelines by act of Congress(regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and that, except as provided in section 3742(g), are in effect on the date the defendant is sentenced; or

(5)any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, subject to any amendments made to such policy statement by act of Congress(regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under section 994(p) of title 28); and that, except as provided in section 3742(g), is in effect on the date the defendant is sentenced.[1]

(6)the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and

(7)the need to provide restitution to any victims of the offense.

The Defendant and the Government will present a sentencing memorandum to the Court which will state the Defendant's and the Government's positions as to the length and type of sentence which should be imposed. 

Prior to being sentenced the Defendant is entitled to a sentencing hearing where in the court will hear from the Government, Probation, and the Defendant in relation to what type of sentence should be imposed and the range of the sentence. Usharovich has successful overcoming the  positions of probation/the government in relation to sentencing ranges and guideline applications in: 

(1) 18 U.S. Code § 2101 - Riots

(2) 18 USC 922(o) - Machine guns/silencers

(3) 18 USC 666- Bribery/False statements/Honest services Wire fraud