Federal Sentencing
1st: Federal Defendants indicted, >93% likely will receive a federal sentence to a BOP facility
2nd: The defendant’s first appearance in court
- ~93+%, can result in either a plea or verdict of guilty to a federal sentence
- Between the Defendant’s 1stand, 2nd court appearance; a resume or CV of the defendant’s background is developed: called the Presentence Report (PSR).
- The PSR is where the Defense Team Can make a Placement Request, while documenting the defendant’s medical, criminal, work & education histories, etc.
3rd: The defendant’s second court appearance is for the Sentencing Hearing
- The details of sentencing are not taught in most law schools
- Judges determine the length of time the defendant is imprisoned
- Judges can also make a placement request to the BOP
4th: The BOP determines placement
- Some of the factors that affect placement (BOP Policy Statement P5100.08 (Chapter 4 Pages 5-13 and Chapter 5 Pages 12-13):
- Judges recommendations
- Public Safety Factor (PSF) Variables
- Accepting Responsibility
- Age
- Criminal History
- Education Level
- Legal Release Residence
- Management Variables; Pre-determined Security levels
- Disruptive Group-confirmed member
- Greatest Offense Severity #
- Greatest Severity Offense
- Prison Disturbance
- Serious escape
- Serious Telephone Abuse
- Sex Offender
- The threat to Government Officials
- Medical CARE LEVELS I-IV Structure
- Mental Healthcare CARE LEVELS I-IV Structure
- Psychology Treatment Programs
- Medication Availability
- On Formulary, or available
- Non-Formulary requires a lengthy preapproval process
- Or Just Not Available, where a similar substitute may be implemented
For Groups: My PowerPoint Presentation