Federal Sentencing
What are the U.S. Sentencing Guidelines, and are they mandatory?
Advisory guidelines created by the U.S. Sentencing Commission to guide federal judges in sentencing. After United States v. Booker, they are no longer mandatory.
What is a motion to amend pleadings under Rule 15(a)(2)?
A request that, once outside the initial amendment window, requires either the opposing party’s consent or the court’s leave, which should be “freely given when justice so requires.”
What is a superseding indictment?
A subsequent indictment that replaces a previous one and typically includes new charges, defendants, or facts.
What is voir dire?
This process is used to screen for bias and to establish a fair and impartial jury through attorney questioning under the court’s supervision.
What is an arraignment under Rule 10 of the Federal Rules of Criminal Procedure?
A proceeding where the defendant is formally advised of the charges and asked to enter a plea. In federal court, it must occur “without unnecessary delay” and can occur after an indictment or information.
What are the 18 U.S.C. § 3553(a) factors?
A set of statutory factors judges must consider at sentencing, including the nature of the offense, history of the defendant, deterrence, public safety, and need to avoid unwarranted disparities.
What is the standard for granting a motion to amend an answer to assert an affirmative defense?
Courts allow amendment unless it would cause undue delay, bad faith, or prejudice. If the amendment adds a previously omitted defense like statute of limitations, courts assess timeliness and harm.
Actually follows the standard of a 12(b)(7), motion to strike rather than the 12(b)(6), motion to dismiss standard like motions to amend.
What is a § 922(g)(1) offense?
This federal statute criminalizes possession of a firearm or ammunition by a person previously convicted of a felony punishable by more than one year in prison.
What is a Batson challenge?
An objection raised during jury selection that alleges the opposing party is striking jurors based on race, ethnicity, or gender in violation of the Equal Protection Clause.
What is the purpose of a pretrial detention hearing under the Bail Reform Act?
To determine whether any condition or combination of conditions will reasonably assure the appearance of the defendant and the safety of the community. The government can seek detention based on risk of flight or danger.
What is a departure versus a variance in federal sentencing?
A departure is based on the guidelines' built-in provisions, while a variance is a judge’s discretionary sentence outside the range based on § 3553(a) factors.
What is the purpose of a Rule 12(b)(6) motion, and what must a complaint contain to survive it?
It tests the legal sufficiency of the complaint. To survive, the complaint must state a plausible claim for relief, supported by factual allegations, per Twombly and Iqbal.
What is Brady material and what are the consequences for nondisclosure?
It’s exculpatory or impeachment evidence favorable to the defense. Suppressing it violates due process and can lead to reversal or vacated sentence under Brady v. Maryland, 373 U.S. 83 (1963).
What is the role of a magistrate judge?
This Article I judge assists district court judges with pretrial matters, detention hearings, discovery disputes, and can preside over civil trials with the parties' consent.
What is a Pretrial Services Report?
A report to help the judge decide conditions of release or detention.
Under Gall v. United States, 552 U.S. 38 (2007), what standard of review does a court of appeals apply to a federal sentence, including one that varies from the Guidelines?
The appellate court applies an abuse of discretion standard and conducts deferential review of both within-Guidelines and outside-Guidelines sentences. It must ensure the district court considered § 3553(a) factors and provided sufficient reasoning for any variance.
What is a motion to compel in federal discovery, and when can sanctions be imposed under Rule 37?
It seeks to force compliance with discovery obligations. If granted, the court may impose costs or sanctions for failure to respond unless noncompliance was “substantially justified.”
What is perjury under 18 U.S.C. § 1621, and how is it distinguished from false statements under § 1001?
Perjury requires an oath and material falsity in a judicial proceeding, while § 1001 criminalizes knowingly false statements to the government, even outside of court or under no oath.
What is the difference between a jury verdict and a judge's findings of fact?
One is delivered collectively by laypeople at the conclusion of the trial; the other is issued by the judge in a bench trial or on dispositive motions.
What is the Presentence Investigation Report (PSR) and who prepares it?
A report prepared by the U.S. Probation Office that provides the court with detailed information about the defendant’s background, offense conduct, criminal history, and sentencing guidelines calculation.
What is the "parsimony principle" in federal sentencing, and where is it found?
The parsimony principle, found in 18 U.S.C. § 3553(a), requires the court to impose a sentence that is “sufficient, but not greater than necessary” to comply with the purposes of sentencing, including punishment, deterrence, protection of the public, and rehabilitation.
What is the exhaustion requirement under 28 U.S.C. § 2254(b) in federal habeas corpus proceedings?
Before a state prisoner may seek federal habeas relief, they must give state courts a full and fair opportunity to resolve federal constitutional claims by presenting them through one complete round of the state’s appellate review process. Failure to do so may result in dismissal for non-exhaustion.
What is the standard and process for suppressing a post-arrest statement?
The statement must be voluntarily made under the Fifth Amendment and Miranda v. Arizona. If taken in violation, it may be excluded unless used for impeachment or if the violation was non-coercive and public safety–driven.
What is the standard for removing a juror for cause during trial?
A juror may be removed mid-trial if the court finds they cannot perform their duty due to bias, misconduct, or inability to deliberate impartially under Fed. R. Crim. P. 23(b)(3).
What is tolling the statute of limitations and when does it apply in criminal cases?
A legal pause or delay in the time limit to file a case.
Under 18 U.S.C. § 3292, the statute of limitations may be tolled while the U.S. seeks foreign evidence, for up to 3 years, with a court’s finding that the evidence is relevant and an official request was made.