[lbo-talk] State vs. federal sentencing

[Nick Woomer]

Federal sentencing is done according to the federal sentencing
guidelines (http://www.ussc.gov/2004guid/tabcon04_1.htm).  Basically,
the feds have developed a grid system where the sentencing range is
the intersection between a defendant's "criminal history score" and
"offense level."  Under such a system, there is very little
discretion; so much of the lawyering that takes place in the federal
system at the sentencing level involves trying to manipulate where a
defendant appears on the sentencing grid.  The actual grid is
available here: http://www.ussc.gov/2004guid/5a.htm (it's really quite
a sight to see...)

Not surprisingly,this beast is extremely complex.  I was a summer law
clerk at a federal public defender's office two years ago, and spent
the better part of my time there running the guidelines on our clients
and double-checking attorneys' calculations on what our clients should
get.  As I said, a lot of what attorneys who represent criminal
defendants in the federal system do is wrangle with prosecutors about
what the appropriate way to apply the guidelines is (e.g. "this prior
conviction should raise his criminal history score this much; not that
much.")

As for why Kozlowski was tried in state court but not federal, like
the others -- I frankly don't know.  Most criminal defendants in the
federal system are charged with crimes that occurred on federal land
or implicate the commerce clause somehow (in practice, this usually
means the charge involves guns or drugs).  When there's overlapping
jurisdiction, I'm embarrassed to say that I'm not sure how things get
worked out.

-N

___________________
woomer.blogspot.com

On 9/20/05, Michael Pollak <mpollak at panix.com> wrote:
>
> The articles about Kozlowski's convictions spend a lot of time discussing
> the difference between being convicted in a state court like him -- where he
> got 8 to 25 -- and getting convicting in a Federal prison, where Ebbers got
> 25 -- with (it seems to be implied) no option to get out earlier.  (They all
> add that this may not be the boon it seems, since in NYS, all sentences over
> 6 years end you up in a maximum security prison with murderers and such,
> where in Federal prison, white collar criminals have their own jails that
> aren't as onerous.)
>
> So first question: do federal sentences not come with ranges?  I thought all
> sentences had ranges.  I thought you only got a 25 minimum on a sentence of
> 25 to life.
>
> Second question: does anyone know why Kozlowski was tried in state court and
> the others in federal?  Are decisions like that just a matter of who gets
> there first?
>
> Michael
>
> ___________________________________
> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>