For most people facing federal sentencing, the fear comes as much from the unknown as from the sentence itself. Knowing what will happen — and preparing for it well — takes some of that fear away and, more importantly, can affect the outcome.
A federal sentencing hearing is not a quick, rubber-stamp event. It is the moment when weeks of preparation, a detailed report, written arguments, and your own words come together in front of the judge.
We guide clients and their families through federal sentencing, our team includes a former Assistant U.S. Attorney and a former federal judge. That combination gives us a clear view of what the day looks like from both the lawyer’s table and the bench.
This page explains what leads up to the hearing, what happens in the courtroom, how to prepare, and what happens right after the sentence is announced.
If you have a sentencing date, the weeks before matter enormously. Contact our office to talk about how to prepare.
The Sentence Is Built Before the Hearing
The most important thing to understand is that a sentencing hearing is the end of a process, not the whole of it. Much of the outcome is shaped in the weeks beforehand.
The sentencing hearing is the end of a process. The outcome is shaped in the weeks before it.
After a guilty plea or a conviction at trial, the court sets a sentencing date, usually a few months out. In between, several things happen that matter as much as the hearing itself.
The Presentence Interview
A federal probation officer is assigned to prepare a report for the judge. Early in the process, that officer will interview you, usually with your attorney present.
This interview feeds directly into the report the judge will rely on, so it is not a casual conversation. What you say — about the offense, your history, your finances, and your circumstances — becomes part of the record, which is why you should never do it without your lawyer.
The Presentence Investigation Report (PSR)
The probation officer then writes the Presentence Investigation Report, or PSR. This is one of the most important documents in the entire case.
The PSR summarizes the offense, calculates the recommended guideline range, lays out your criminal history, and describes your background — health, family, education, work, finances, and substance-abuse history. Judges rely heavily on it, so an error in the PSR can follow you into the sentence and even into your time in custody.
Objecting to the PSR: Where Sentences Are Often Shaped
Because the judge leans so heavily on the PSR, the process of objecting to it is often where a sentence is actually won or lost. This is quiet, paper-driven work that happens before anyone stands up in court.
Your attorney reviews the draft PSR line by line. Where the report overstates the offense, applies an enhancement that does not fit, miscalculates loss or drug quantity, misstates your criminal history, or gets a fact wrong, counsel files written objections.
These objections matter for two reasons. First, correcting them can lower the guideline range directly. Second, factual statements in the PSR can affect how you are classified and treated in prison, so accuracy protects you beyond the sentence length.
In a fraud case especially, the loss amount inside the PSR does more to set the sentence than almost anything else, and the government’s loss figure is usually a spreadsheet built on assumptions rather than a fixed fact. Challenging it is often the real contest — a kind of trial within the case. Our managing partner, Russell Lorfing, puts it plainly from his years as a federal prosecutor: at sentencing you do not just plead, you litigate the math. Letting the government’s numbers go unchallenged effectively lets prosecutors set the length of the sentence before the judge has even started.
At sentencing you do not just plead, you litigate the math. The government's loss figure is not handed down on stone tablets — it is a spreadsheet full of assumptions. Our job is poking holes in each one.
If your PSR contains errors or aggressive calculations, addressing them is urgent. Speak with our team about reviewing your report before the deadlines pass.
The Sentencing Memorandum
Alongside the PSR objections, your attorney typically files a sentencing memorandum. This is a written argument to the judge for the sentence you are seeking.
A strong memorandum does two things at once: it argues the guideline calculation where it is contested, and it makes the human case for a lower sentence under the statutory sentencing factors. It is often where the story of who you are — beyond the offense — is told in full.
What Happens in the Courtroom
On the day of the hearing, the setting is formal but the sequence is predictable. Knowing the order of events makes it far less overwhelming.
Who Is in the Room
The judge sits at the bench and runs the hearing. A prosecutor from the U.S. Attorney’s Office represents the government, and you sit at counsel’s table with your attorney. A probation officer is usually present, and a court reporter records everything.
You are allowed to have family and supporters in the courtroom, and their presence can matter — it shows the judge that you have people behind you. In some cases, victims may attend and speak as well.
The Order of Events
Most federal sentencing hearings follow the same basic flow.
First, the judge resolves any unresolved objections to the PSR and confirms the final guideline range. Then the judge hears argument from both lawyers — the government’s position and your attorney’s case for a lower sentence.
If there are victims who wish to speak, they are given the opportunity. Then comes one of the most important moments: the judge turns to you and invites you to speak. Finally, the judge announces the sentence and explains the reasons for it.
Allocution: Your Chance to Speak to the Judge
Allocution is your right to address the judge directly before the sentence is imposed. It is brief, but it can carry real weight, and it deserves careful preparation.
This is not the time to re-argue your case, blame others, or minimize what happened. Judges have seen that many times, and it rarely helps. It is your moment to speak honestly, as yourself.
What an Effective Allocution Does
A strong allocution is short — usually just a few minutes — and grounded in specifics rather than generalities. The most effective ones tend to cover a few things clearly.
They acknowledge the conduct plainly and take responsibility for it. They show a real understanding of who was harmed and how. They point to concrete steps you have already taken since the offense came to light — treatment, restitution, work, community involvement. And they lay out a specific plan going forward.
What to Avoid
Certain things undercut an allocution. Making excuses, shifting blame, arguing the facts of the case, or delivering a long, rehearsed-sounding speech can all land badly.
Your attorney will help you prepare and practice what to say, so that when the moment comes, you can speak in your own words without stumbling into the traps that make judges skeptical.
Preparing your allocution well is one of the highest-value things you can do before your hearing. Talk with our team about getting it right.
How to Prepare in the Weeks Before
Good preparation is concrete, and it starts early. A few areas make the biggest difference.
- Support and character letters. Letters from family, employers, clergy, and community members can humanize you to the judge. The strongest letters are specific and honest — they acknowledge the situation, describe your character and contributions with real examples, and avoid attacking the case or excusing the conduct.
- Evidence of rehabilitation. Proof of steps you have taken — counseling, treatment, education, steady work, restitution payments — gives the judge concrete reasons for a lower sentence.
- Your allocution. Draft it, refine it with counsel, and practice it out loud.
- Logistics and appearance. Know when and where to appear, dress respectfully, and arrive early.
- Your family’s role. Decide with counsel who will attend and whether anyone besides you will speak.
Preparation is not window dressing. Under the statutory sentencing factors, the judge is weighing your history and characteristics and what sentence is truly necessary — and this is the material that speaks to exactly that.
What Happens Right After the Sentence
The prison term is usually the headline, but the sentence often includes more, and what happens immediately afterward varies.
Additional components. A federal sentence can include supervised release to follow any prison term, restitution to victims, fines, and forfeiture of assets tied to the offense. The judge addresses these at the hearing.
Self-surrender or immediate custody. In some cases, especially nonviolent offenses, the judge allows a defendant to self-surrender to the assigned facility on a later date rather than being taken into custody that day. In others, the defendant is remanded immediately. Which one applies depends on the case and the judge.
Designation to a facility. The Bureau of Prisons, not the judge, decides where a sentence is served, though the judge can make a recommendation. Counsel can advocate for a recommendation that fits your needs, such as proximity to family or access to specific programs.
Appeal rights. There may be a right to appeal the sentence, though many plea agreements include waivers that limit it. Appeal deadlines are short, so this is something to discuss with counsel right away.
What a Defense Attorney Does at Sentencing
By the time of the hearing, much of the work is already done, but counsel’s role runs through the entire process.
Before the hearing, counsel prepares you for the presentence interview, reviews and objects to the PSR, files a persuasive sentencing memorandum, gathers and shapes support letters and rehabilitation evidence, and prepares your allocution.
At the hearing, counsel argues the contested guideline points, makes the case for a lower sentence under the statutory factors, and responds to the government.
After the sentence, counsel addresses self-surrender, facility recommendations, and any appeal or post-sentencing issues.
Sentencing rewards preparation, and preparation takes time — which is why involving experienced counsel well before the date matters so much.
Why Clients Bring Us In for Federal Sentencing
Our firm’s managing partner, Russell Lorfing, is a former Assistant U.S. Attorney who prosecuted federal cases in Lubbock, Texas, and was designated a Cyber Hacking Intellectual Property Prosecutor by the U.S. Attorney’s Office in 2017. He has served as lead counsel in complex federal cases and has trained federal agents and prosecutors for the FBI, IRS, DEA, and DOJ. In 2024, he served as Co-Chair of the Federal Criminal Defense Committee for the Texas Criminal Defense Lawyers Association. He is admitted to practice in Texas, the District of Columbia, the Fifth Circuit Court of Appeals, the Northern, Western, and Southern Districts of Texas, and the U.S. Supreme Court.
Having stood at the prosecution’s table at sentencing, he knows what persuades a judge and what falls flat — and how to build a presentation that speaks to what the court is actually weighing.
Founding partner Trey Keith has spent more than 20 years defending clients in state and federal matters, including financial crimes, with not-guilty verdicts in those cases. The Honorable E. Scott Frost (Ret.), Of Counsel to the firm, brings more than 30 years on the federal bench — meaning our team includes someone who has imposed sentences from the judge’s chair, not just argued for them. Our broader team includes former federal prosecutors, former federal public defenders, former FBI agents, former IRS criminal investigators, and former general counsel to major family offices.
The sentencing hearing is where preparation pays off. To understand how the guideline range that anchors the hearing is built and challenged, see our page on how federal sentences are calculated. If your case involves specific conduct, our pages on SEC Fraud Defense, Healthcare Fraud Defense, and Federal Drug Crime Defense explain how sentencing works in those areas.
Frequently Asked Questions
What happens at a federal sentencing hearing?
The judge resolves any objections to the presentence report and confirms the guideline range, hears argument from both the prosecutor and your attorney, allows any victims to speak, invites you to address the court through allocution, and then announces the sentence and the reasons for it.
What is a PSR?
The Presentence Investigation Report is a document prepared by a federal probation officer after a guilty plea or conviction. It summarizes the offense, calculates the recommended guideline range, details your criminal history, and describes your background. Judges rely on it heavily, so reviewing and correcting it is a critical part of the defense.
How long does a federal sentencing hearing take?
It varies. Many hearings last from a portion of an hour to a couple of hours, depending on how many objections remain, whether victims speak, and the complexity of the case. Much of the work that determines the outcome happens on paper beforehand.
What should I say to the judge at sentencing?
Speak briefly and honestly. Acknowledge what you did, show that you understand who was harmed, describe concrete steps you have already taken, and lay out your plan going forward. Avoid making excuses, shifting blame, or re-arguing the case. Your attorney will help you prepare.
Can I bring my family to the sentencing?
Yes. Family and supporters can attend, and their presence can show the judge that you have people who stand behind you. In some cases, a family member may also be permitted to speak on your behalf.
Do I go to prison the same day?
Not always. In many nonviolent cases the judge permits self-surrender to the facility on a later date, while in others the defendant is taken into custody immediately. Which applies depends on the case and the judge.
Can I appeal my sentence?
Sometimes. There may be a right to appeal, but many plea agreements include waivers that limit it, and the deadlines are short. Discuss any appeal with your attorney right away after sentencing.
How do character letters help?
Well-written letters from people who know you can humanize you to the judge and speak directly to your history and character, which the court is required to weigh. The most effective letters are specific and honest, and they avoid attacking the case or excusing the conduct.
If you have a federal sentencing date, the time to prepare is now, not the week before. Schedule a consultation with our federal defense team to build your sentencing strategy.