United States Federal Sentencing Guidelines

Example of a matrix and explanation showing how the total months recommended is calculated from the Base Level Offense taking into account all factors

The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for sentencing individuals and organizations convicted of felonies and serious (Class A) misdemeanors[1] in the United States federal courts system. The Guidelines do not apply to less serious misdemeanors or infractions.[2]

Although the Guidelines were initially styled as mandatory, the US Supreme Court's 2005 decision in United States v. Booker held that the Guidelines, as originally constituted, violated the Sixth Amendment right to trial by jury, and the remedy chosen was to excise those provisions of the law establishing the Guidelines as mandatory. After Booker and other Supreme Court cases, such as Blakely v. Washington (2004), the Guidelines are now considered advisory only. Federal judges (state judges are not affected by the Guidelines) must calculate the guidelines and consider them when determining a sentence, but are not required to issue sentences within the guidelines.

  1. ^ U.S.S.G. § 2X5.2 (2012)
  2. ^ U.S.S.G. § 1B1.9 (2012)