Assignment Details

As an investigator with the Federal Public Defender’s Office, you are assisting Assistant Federal Defender Lilly Jones with gathering background information on offender Ben Smith, who pled guilty to distribution of a controlled substance (5 kilograms of cocaine). Mr. Smith is being sentenced next month.

In a 2–3-page paper, provide an overview of the following:

• Why were the federal sentencing guidelines developed, and what is their purpose?
• Who created the Federal Sentencing Guidelines?
• What factors will a court take into consideration when sentencing Mr. Smith?
• In your opinion, do the federal sentencing guidelines allow judges enough discretion when imposing a sentence in this type of case?
• Should judges have more or less discretion when it comes to sentencing?
• What are the 3 most important things that Ms. Jones should tell the judge at sentencing about Mr. Smith to aid in sentencing?

• Instructor’s Comments:

  Students should discuss some of the following concepts:

  • One of the purposes of the guidelines is to encourage more uniformity in sentencing.
  • The guidelines are advisory, not mandatory.
  • The U.S. Sentencing Commission (USSC) created the guidelines.
  • Members of the Commission

  Students should provide their opinions about the effectiveness of the Guidelines, whether the judge has enough room for discretion, and information that the attorney should tell the judge that will affect her client’s sentencing, such as the following:

  • The defendant’s past criminal history
  • Any record of mental issues
  • Any other mitigating and aggravating roles
  • The crime did not involve possession of a weapon.
  • There were no vulnerable victims involved.
  • The controlled substance involved and the amount
  • The defendant’s acceptance of responsibility

  Although not specifically asked, some students may report the Sentencing Guidelines’ recommendation for possession of 5 kilograms of cocaine. The Guidelines provide that possession between 5 kilograms and 15 kilograms is a Level 30 offense (p. 148). According to the Sentencing Table, because this defendant did not have a criminal history, the guidelines provide sentencing between 97 and 120 months (p. 407).

• 
  
• ReferenceU.S. Sentencing Commission (USSC). (n.d.). 2018 Guidelines manual annotated. Retrieved May 28, 2021, from https://www.ussc.gov/guidelines/2018-guidelines-manual-annotated