What is a Contested Federal Sentencing?

Today, I want to focus specifically on what is called a “contested federal sentencing proceeding.” In federal court, the sentencing process is really very different than what you have at the state court level. There are various factors that the court has to take into consideration. There’s more evidence that you’re allowed to present at a federal sentencing. There are objections that you can raise to certain factors that the government is trying to attribute to you that can impact your sentence, and you resolve those issues at a sentencing hearing.

How We Got Our Client’s Sentence Cut In Half

For example, I had a case a while back where there were a number of witnesses who had put drug weight on my client, and we had three of them who were putting pretty minimal amounts on him. But then we had this one witness who was acting like my client was Al Capone, putting all sorts of criminal activity on him and all sorts of drug weight. My client was adamant, saying, “This guy is just lying. He’s not telling the truth, and we’re going to have to prove this.”

My client’s sentencing came up, and yes, he did plead guilty, because he was in fact guilty of dealing some drugs. Because I am a federal appeals lawyer, my problem with his situation was this – he was NOT dealing the large amount of drugs the court claimed he was.

So, my federal appeals law firm issued a subpoena to this one particular witness who was claiming my client was distributing massive amounts of drugs. At the time, this person was being housed down in Arkansas. Due to our subpoena, the courts brought him back into South Carolina.

We put him on the stand and we cross-examined him. Sure enough, when he was on the stand, the drug weight he was putting on my client started falling away. Even the judge decided to start asking the witness some questions. All of a sudden, my client who was previously looking at 11 to 13 years in prison, walks out with about a 6 year sentence instead. It’s all because our federal appeal lawyers here at my law firm contested the drug weight during that sentencing proceeding.

How To Contest Your Federal Crime Sentence

This federal court example shows how things can go very differently than how they would go in state court. Here are some things you need to keep in mind if you are facing these kinds of federal criminal charges:

• Just because the federal government says it’s true doesn’t mean you have to plead guilty to it.
• Even if you do plead guilty, perhaps because you were in fact doing illegal things – you are not hopelessly stuck with the whatever story the government is telling about you in court.

Speak With An Attorney About Contested Federal Sentencing

If there are facts, lies, or material aspects about your situation that you want to challenge, there is a good chance you can do that during a contested federal sentencing. Please speak to an attorney about it.

If you have any questions about federal crime sentencing or about a contested federal sentencing proceedings, please feel free to contact us at my law firm. Our goal is to help educate people who are going through these issues, so they know their rights and the many legal actions they can take, even if they are convicted of a federal crime.