MICHAEL R. CLARKE

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CRIMINAL DEFENSE ATTORNEY

FEDERAL SENTENCING

18 U.S.C. § 3553(a) sets forth seven factors that a sentencing court must consider:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

(2) the need for the sentence imposed to reflect the four primary purposes of sentencing, i.e., retribution,

(3) the kinds of sentences available (e.g., whether probation is prohibited or a mandatory minimum term of imprisonment is required by statute);

(4) the sentencing range established through application of the sentencing guidelines and the types of sentences available under the guidelines;

deterrence, incapacitation, and rehabilitation;

(5) any relevant “policy statements” promulgated by the Commission;

(6) the need to avoid unwarranted sentencing disparities among defendants with similar records who

have been found guilty of similar conduct; and

(7) the need to provide restitution to any victims of the offense.