FEDERAL CRIMINAL FEDERAL CRIMINAL PRACTICEPRACTICEFALL 2009FALL 2009

Goal: Getting the Best Possible Goal: Getting the Best Possible Sentence for Your ClientSentence for Your Client

Tailor Your Strategy to Each Case

Focus on Three Phases:

- Working with USPO

- 18 USC § 3553 (a) Factors

- Protecting the Record

FEDERAL CRIMINAL FEDERAL CRIMINAL PRACTICEPRACTICEFALL 2009FALL 2009

Working with Probation:Working with Probation:

Proactive Relationships withProactive Relationships with

PSR WritersPSR Writers

How do they get their input?

Traditional Information Sources

- Pretrial interview & financial affidavit- Discovery from the USAO- Reports Received after Releases Signed- Corroboration from Family members- Supplemental Statements from Victims/Witnesses

How Can We Help?

Provide info & documents- “unverified”

- how to get them to remove perjorative descriptions?

Keep them Objective:

-Check their sources-Tactfully Show:

- Alternative Inferences/Conclusions/Opinions

“It is unclear whether Smith alsopossessed the guns located in the apt.”

How do we get them to say that, rather than: “Smith is accountable for the gunin his pocket and the 7 guns found in the hall closet of the apartment.”

GOAL:

- accurate, objective report

- good as well as bad

Part F. Factors that may warrantdeparture or variance

Start Early

Don’t wait Until 1st Draft

FEDERAL CRIMINAL FEDERAL CRIMINAL PRACTICEPRACTICEFALL 2009FALL 2009

18 U.S.C. § 3553(a)18 U.S.C. § 3553(a)

And Sentencing StrategiesAnd Sentencing Strategies

Four Areas:

- Character Letters- Sentencing Memos- Courtroom Presentation- Client’s Allocution

Character Letters

- which to submit?

- what to include (photos)?

From Whom?

Content?

Length?

Number to Collect & Send?

Alternative Media re Character

VIDEO

U.S. v. Cheek

U.S. v. Bryant

AUDIO?

Sentencing Memos

When?

Content?

Length?

Resources?

- Networking

- FPD, EDNC Website

Public Domain ResourcesPublic Domain Resources

Courtroom Presentation

-whom should attend?

-how much do you say?

Technology & Visual Aids

- Simplicity

- Easy to Use

Michele and her family at home Michele and her family at home

Michele’s DaughterMichele’s Daughter

Michele’s Son LamontMichele’s Son Lamont

Michele’s Son AlexanderMichele’s Son Alexander

Michele’s Grandson JadenMichele’s Grandson Jaden

Michele and JadenMichele and Jaden

Test Equipment In Advance

Coordinate w/ Court Personnel

Client’s Allocution

- when to prepare him/her- what to say- what not to say

Preserve the Sentence

Preserve the Record