Re:Inside the Mind of Thru-Hiking's Devious Con Man
by dragonwriter on Tuesday October 31, 2017 @05:44PM
(#15596865)
> Federal sentences are almost entirely out of the hands of the judge.
Federal sentences are almost entirely in the hands of the judge, except in the case of statutory minimum sentences. While there are Federal Sentencing Guidelines, they are not mandatory, and judges may depart from them in either direction within the range set for each offense.
Heck, even in a federal plea bargain, the parties don't usually (can't, IIRC) include a sentence; they can include an agreement on how to apply the guidelines factor and a joint recommendation to the judge on whether to depart (presumably downward) from the guidelines, but the judge still sets the sentence.
Federal sentences are almost entirely in the hands of the judge, except in the case of statutory minimum sentences. While there are Federal Sentencing Guidelines, they are not mandatory, and judges may depart from them in either direction within the range set for each offense.
Heck, even in a federal plea bargain, the parties don't usually (can't, IIRC) include a sentence; they can include an agreement on how to apply the guidelines factor and a joint recommendation to the judge on whether to depart (presumably downward) from the guidelines, but the judge still sets the sentence.