During the criminal phase of a federal criminal proceeding, the prosecutor should assist the criminal court by: to avoid unjustified disparities and to support the objective of uniform treatment of similarly established defendants, the prosecutor should first ascertain whether a judgment in the area of advice guidelines reflects a proper balance of the above factors. In the typical case, such a recommendation is appropriate. However, on the basis of an individual assessment of the facts and circumstances of the case, a prosecutor could conclude that a sentence above or below the scope of the directive better serves the public interest and the purposes of the conviction. Before recommending a sentence reflecting an exit or deviation from the consultation line, the prosecutor must obtain the supervision agreement. Congress has determined the factors that courts must consider when imposing sentences. These factors are present in 18 United States. C 3553 and listed above. Without a specific provision in a plea agreement, government counsel is not legally obligated to make a recommendation at the time of conviction. However, the interests of justice and the public interest are often best served when the prosecutor, who is hearing the case, makes a recommendation on an appropriate sanction. 1. sentences above or below the guidelines. By using advice guidelines as the touchstone, government counsel should strive to obtain sanctions that are a fair balance of in.
In the typical case, this balance will continue to be reflected in the current range of guidelines and prosecutors should, in general, advocate for sanctions in this area. However, JM 9-27.730 acknowledges that an individual assessment of the facts and circumstances of a particular case could lead to the conclusion that a rate above or below the scope of the advisory guidelines would be more appropriate. In this case, prosecutors may make such recommendations with the consent of the surveillance.2. Balancing Sentencing Factors. Counsel for the government should recognize that all of the factors in question 3553 cannot in any event be relevant or of equal importance and that, for a particular offence committed by a particular author, one of the purposes or combination of purposes may be of paramount importance.3 Transmission of criminal recommendations to the Court of Justice. Government counsel should be inspired by the court`s practice with respect to the nature and form of criminal recommendations. If the government`s position on the sentence to be imposed is linked to an appeal agreement, that position must be notified to the Tribunal at the time of the introduction of the plea. In other cases, the government`s position could be forwarded to the probation officer during the investigation; In the form of a judgment note filed prior to sentencing; orally in court at the time of the hearing.
Courts often find it useful for federal lawyers, in addition to their oral intervention at sentencing, to file a memorandum before sentencing that sets out the recommended sentence for support reasons.4