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Federal sentencing memorandums, commonly known as sentencing memos or memoranda are written documents that defense and prosecution teams may present to a judge before a criminal cases sentencing. These documents advocate for a sentence. Aim to sway the judge towards a favorable decision. They form part of the sentencing process, which also involves the pre sentence investigation report (PSR) and potentially other submissions.

Defense Sentencing Memorandum
A defense memorandum is crafted by the defendants lawyer to portray the defendant positively and reduce the severity of the sentence. It typically covers;

Defendants Background; This section includes history, family background, work experience, health concerns and any other personal details that could warrant a lenient sentence.
Legal Arguments; The defense presents arguments, on why certain sentencing guidelines should or should not be applied or why deviations from suggested guideline ranges are justified.
Character References; Letters, from family members, friends, employers or community members endorsing the defendants character and good deeds may also be included.Policy Considerations; The government might also discuss the importance of the sentence acting as a deterrent, to others and reflecting the seriousness of the crime committed.

Judicial Review

Before reaching a sentencing decision the judge assesses these memos in addition to the PSR and any other pertinent materials. During the sentencing hearing both sides often refer to these memos emphasizing points from their submissions.

Sentencing memos play a role because they;

Present arguments and information to the judge that may not be fully covered in the PSR or during the sentencing hearing.
Enable parties to present arguments on how sentencing guidelines and relevant laws should be interpreted.
Provide an comprehensive account that can either humanize the defendant before the court or emphasize why a substantial sentence is necessary for justice.

The judge considers these memos along with factors outlined in 18 U.S.C. § 3553(a). Sentencing guidelines when determining a sentence for the defendant. Although judges have discretion and are not obligated to follow recommendations, in these memos they hold weight in sentencing proceedings.

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