A guilty plea or a guilty verdict does not decide your sentence. In federal court, the number of months or years is decided later, at a separate sentencing hearing, after weeks of reports, objections, and written arguments.
That gap is where careful federal sentencing work can change the outcome. This guide explains how sentencing works in Houston federal court, how the guideline range is calculated, what is scheduled to change on November 1, 2026, and what can still support a lower sentence.
If you or someone you love is waiting to be sentenced, you are probably worried about time away from family, work, and home. The sentencing phase is still a fight, and there are real tools left to use.
If you are facing federal sentencing in Houston, speak with a federal sentencing lawyer before the presentence report, objection deadlines, and sentencing hearing limit your options.
What a federal sentencing lawyer does
Most federal convictions are resolved by a guilty plea rather than a jury verdict. For those defendants, sentencing is the proceeding that decides the punishment and may determine when they return to their families, careers, and communities.
Federal sentencing has its own rules, deadlines, and evidence. Effective representation means testing the government’s numbers, preserving legal objections, and building a record that gives the judge lawful reasons to impose a lower sentence.
Our work at sentencing usually includes:
- Auditing the guideline calculation: Checking every point and level the probation officer and the government assign, and finding the mistakes.
- Preparing you for the presentence interview: Deciding what you will discuss with the probation officer and what you will not.
- Filing written objections: Challenging errors in the presentence report within the 14-day deadline.
- Identifying every path below the range: Variances, the safety valve, substantial assistance, role reductions, and other reductions you may qualify for.
- Building the mitigation record: Gathering records, letters, and expert reports that tell the judge who you are beyond the charge.
- Writing the sentencing memorandum: The main written argument for the sentence we are asking for.
- Arguing at the hearing: Presenting witnesses, answering the prosecutor, and helping you prepare what you will say to the judge.
- Protecting what comes next: Requesting facility and program recommendations, and preserving issues for appeal.
Even a one- or two-level correction can materially change the advisory range.
How federal sentencing works in Houston today
Federal cases in the Houston area are heard in the U.S. District Court for the Southern District of Texas, Houston Division. Sentencing hearings take place at the Bob Casey United States Courthouse at 515 Rusk Avenue in downtown Houston.
The judge decides the sentence. But the judge relies heavily on the U.S. Sentencing Guidelines, the presentence report, and the written arguments from both sides.
The Southern District of Texas by the numbers
When probation hands you a presentence report, the guideline range can look final. It is not: the report is probation’s analysis, and both sides may object before the judge resolves disputed issues.
The U.S. Sentencing Commission’s statistical packets for the Southern District of Texas show how often judges here sentence below the range:
Where sentences land against the range
Above-range sentences stayed at about 1.5% or less each year. The guideline range does not end the sentencing analysis.
A few points stand out:
- Below-range sentences occur regularly. In FY2025, 29.1% of people included in the guideline-position data received a sentence below the range.
- Variances are the steadiest category. Roughly one in five people received a downward variance each year, between 17.3% and 20.6%.
- Fast-track reductions were one important part of the decline from FY2023, falling from 13.8% to 2.6% by FY2025. Those programs are used mainly in immigration cases.
- Above-range sentences are rare, at about 1.5% or less each year.
These figures cover the whole district, and about 80% of FY2025 cases were immigration cases. They describe how judges in the district sentence, not how any one case will turn out.
The lesson is still clear. The guideline range matters, but it does not end the sentencing analysis.
Three ways sentences fall below the range
Below-range sentences generally come through three mechanisms. Each works differently, and the defense does not control all three.
- Downward variances under 18 U.S.C. § 3553(a): The defense can present a mitigation record addressing criminal history, family obligations, medical needs, personal history, role, rehabilitation, and other case-specific facts. The judge decides whether those facts justify a sentence below the range.
- Government-sponsored reductions: The main example is a § 5K1.1 motion for substantial assistance. These reductions may result from cooperation, and the government ordinarily controls whether the motion is filed.
- Other guideline-authorized reductions: These include early disposition or “fast-track” programs and the limited departure provisions that remain after the 2025 amendments.
The third category is shrinking. The Commission removed most departure provisions on November 1, 2025, so facts that once supported a departure must now be argued as a variance. That makes defense-driven variance work even more important going forward.
The two-step process after the 2025 amendments
For years, federal sentencing followed three steps: calculate the range, consider “departures,” then consider the broader factors in 18 U.S.C. § 3553(a).
The 2025 simplification amendment, effective November 1, 2025, removed most departure provisions from the Guidelines Manual. Substantial assistance and early disposition (“fast-track”) programs remain.
Sentencing now follows two steps:
- Calculate the guideline range correctly.
- Apply the § 3553(a) factors to decide what sentence is “sufficient, but not greater than necessary.”
The Commission intended the change to be outcome neutral. Facts that used to support a departure, such as age, health, military service, or family responsibilities, can still be argued as reasons for a variance.
This matters because some lawyers and websites still describe departures as if nothing changed. A sentencing memorandum built on outdated rules is weaker from the start.
Statutory minimums and maximums set the outer limits
The guidelines work inside the limits Congress set for each crime. A statutory maximum caps the sentence, and a mandatory minimum sets a floor the judge generally cannot go below.
Mandatory minimums are common in drug cases, certain federal firearm cases under 18 U.S.C. § 924(c), and some child exploitation offenses. Only a few tools can get below a mandatory minimum, and we cover them later in this guide.
The federal sentencing timeline: From guilty plea to judgment
Federal sentencing follows a written schedule. Missing a step, especially the objection deadline, can cost you arguments you will not get back.
This timeline combines Federal Rule of Criminal Procedure 32 with the Southern District of Texas Local Criminal Rule 32:
| Stage | What happens | Key timing |
|---|---|---|
| Guilty plea or verdict | Court orders the presentence process and establishes the initial schedule | At the plea or verdict |
| Presentence interview | A U.S. Probation Officer interviews you about your background and, sometimes, the offense | Shortly after the plea |
| Initial presentence report | Probation prepares the report and the guideline calculation | Local rule’s normal schedule is 35 days |
| Disclosure | You, your lawyer, and the prosecutor receive the report | At least 35 days before sentencing, unless waived |
| Written objections | Both sides object to errors in the report | Within 14 days of disclosure |
| Final report and addendum | Probation sends the final report to the judge, with unresolved objections listed | No later than 7 days before sentencing |
| Sentencing memoranda | Defense and government file their written arguments | Set by the judge’s scheduling order |
| Sentencing hearing | Judge rules on objections, hears argument and allocution, imposes sentence | At least 7 days after the final report, unless waived |
| Judgment | Written judgment is entered on the docket | After the hearing |
Under the local rule’s normal schedule, the investigation period and the 35-day disclosure window alone add up to roughly ten weeks. That time is not a waiting period. It is the window to build your sentencing case.
The presentence interview
The presentence interview is usually your first conversation with the probation officer. For Houston Division cases, the U.S. Probation Office is located in the Bob Casey Courthouse.
The officer will ask about your family, education, work history, health, finances, and criminal history. Your answers and the records you provide shape the report the judge reads.
The local rule lets defense counsel attend the interview on request. We recommend that your lawyer be there.
Before the interview, we help you:
- Gather records that support your history, such as employment, medical, military, and education records
- Decide whether to discuss the offense itself, and how
- Avoid statements that could hurt acceptance of responsibility or support a new enhancement
- Answer financial questions accurately, since they affect fines and restitution
The presentence report
The presentence report, or PSR, is the most influential document at sentencing. It describes the offense, your background, your criminal history, and the guideline calculation.
The court may accept undisputed portions of the final PSR as accurate. That is why errors are dangerous: an unchallenged statement can affect the guideline calculation and how the case is understood later.
The PSR also follows you to the Bureau of Prisons. It affects your security classification, facility placement, and program eligibility.
Objections: The 14-day window
Rule 32 gives both sides 14 days after receiving the report to object in writing. Objections can challenge facts, guideline calculations, and missing information.
Common objections we raise include:
- Loss or drug quantity: The amount attributed is inflated, double counted, or not supported by reliable evidence.
- Role in the offense: The report labels you a leader or manager when you were not, or fails to give a mitigating role reduction.
- Enhancements: A weapon, obstruction, or “sophisticated means” enhancement that the facts do not support.
- Criminal history scoring: Old convictions counted when they should not be, or misdemeanors scored incorrectly.
- Factual errors: Mistakes about your background, family, or conduct that could affect the judge’s view of you.
If the probation officer does not accept an objection, it goes to the judge in an addendum. At the hearing, the judge must rule on disputed matters that affect the sentence.
The sentencing hearing
At the hearing, the judge first resolves any remaining objections and determines the guideline range. Then each side argues for the sentence it believes is appropriate.
You have the right to speak to the judge before the sentence is imposed. This is called allocution, and it is guaranteed by Rule 32(i)(4).
The judge will then announce the sentence, including any prison term, supervised release, fine, restitution, and the mandatory special assessment. The judge may also make recommendations to the Bureau of Prisons about where you serve your sentence and what programs you join.
How the guideline range is calculated, and where it goes wrong
The guideline range comes from a sentencing table with two axes.
One axis is the offense level, from 1 to 43. The other is your criminal history category, from I to VI.
Where they meet is your range in months. A two-level change can move the range by many months, especially at higher offense levels.
Offense level
The offense level starts with a base number set by the guideline for your offense. It then moves up or down based on specific facts.
Common factors that raise the offense level include:
- Loss amount in fraud, theft, and tax cases
- Drug type and quantity in drug cases
- Possession of a firearm or other dangerous weapon
- Number of victims or harm to vulnerable victims
- Use of “sophisticated means”
- An aggravating role, such as organizer or leader
- Obstruction of justice
Factors that can lower it include a mitigating role and acceptance of responsibility.
Criminal history category
Your criminal history category is based on points for prior convictions. The number of points depends on the length of each prior sentence, how long ago it was, and whether you were on supervision when the new offense happened.
Criminal history scoring is technical, and mistakes are common. Old convictions, juvenile matters, and certain misdemeanors may not count at all, depending on the dates and the type of offense.
Relevant conduct
The guidelines do not look only at the count you pleaded to. Under the “relevant conduct” rule in U.S.S.G. § 1B1.3, the range can include related conduct that was part of the same course of conduct or common scheme, even if it was not charged—a major issue in many federal conspiracy cases.
This is one of the main reasons sentences come out higher than people expect. Limiting relevant conduct can be one of the most important disputes at federal sentencing.
One change helps here. Since November 1, 2024, the guidelines exclude conduct for which you were charged and acquitted in federal court from relevant conduct, with a narrow exception for conduct that also helps establish the offense of conviction.
Sentencing-table illustration: How one number changes the range
This numerical illustration shows how the math works; it is not a case study or claimed result. It assumes a wire-fraud offense, Criminal History Category I, acceptance of responsibility, eligibility for the zero-point offender reduction, and a disputed loss of $1.6 million.
Under the loss table in effect through October 31, 2026:
| Step | Level |
|---|---|
| Base offense level (wire fraud) | 7 |
| Loss more than $1.5 million | +16 |
| Acceptance of responsibility | −3 |
| Zero-point offender reduction | −2 |
| Total offense level | 18 |
| Guideline range (Criminal History I) | 27–33 months |
The range moves from 27–33 months to 15–21 months based on the supported loss amount and the manual that applies. That is why every number in the PSR needs to be tested.
How one number changes the range
The range depends on the supported loss amount and the manual that applies. Every number in the PSR needs to be tested.
What changes on November 1, 2026, and why your sentencing date matters
The U.S. Sentencing Commission submitted its 2026 amendments to Congress on April 30, 2026. They are scheduled to take effect on November 1, 2026, unless Congress acts to block them.
The changes most likely to affect Houston cases include:
- Inflation-adjusted loss tables: Dollar thresholds in the fraud and theft guideline (§ 2B1.1) rise. For example, the top of the “no increase” bracket moves from $6,500 to $9,000, and the 16-level bracket now starts above $2 million instead of $1.5 million. Related tables for tax, robbery, burglary, and fines also change.
- New multiple-count rules: The five existing guidelines in Chapter Three, Part D are consolidated into a new § 3D1.1 framework. Related offenses can still be combined, but the method for calculating multiple counts changes.
- Fentanyl-related substances: The drug quantity table adds fentanyl-related substances, with a rebuttable presumption that allows a lower calculation if the substance is shown to be significantly less potent or to block fentanyl’s effects.
- Deleted enhancements: Twenty-six rarely used specific offense characteristics are removed.
- Reorganized sentencing options: Imprisonment options by zone are collected into one section, without changing the ranges.
Which Guidelines Manual applies to you?
Courts generally use the Guidelines Manual in effect on the date of sentencing. That rule comes from U.S.S.G. § 1B1.11.
There is one important exception. In Peugh v. United States (2013), the Supreme Court held that using a newer manual violates the Constitution’s Ex Post Facto Clause if it produces a higher range than the manual in effect when the offense was committed.
In practice, this generally means:
- If the new manual helps you: It generally applies if sentencing occurs on or after November 1, 2026.
- If the new manual increases the range: The court must examine whether applying it to earlier conduct would create an ex post facto problem. If it would, the manual in effect when the offense was committed generally applies.
If your sentencing is close to November 1, 2026, the date itself may become a strategic question. In a fraud case, counsel may consider whether a continuance is lawful and helpful, or whether the Commission’s new loss thresholds support a variance before the effective date.
The Commission did not obtain the votes required to make the inflation-adjustment amendment retroactive. As a result, someone already sentenced generally cannot use that amendment alone to seek a reduction under 18 U.S.C. § 3582(c)(2).
Fraud sentencing: Where the number gets built
Federal fraud cases may involve healthcare billing, employee embezzlement, government benefits, bank transactions, or wire communications. In these cases, § 2B1.1 can add levels for loss, victims, sophisticated means, and other facts.
The danger is stacking. Each enhancement may appear modest on its own, but several increases can move the final range sharply upward.
Loss amount is the engine of the sentence
Loss usually drives a fraud sentence more than any other factor. Under the guidelines, loss works like a ladder, and each threshold crossed adds offense levels.
The guidelines use the greater of actual loss or intended loss. Intended loss is what the person meant to take, even if they never got it. Prosecutors often push for the highest intended-loss figure they can support.
The government’s loss figure may come from a spreadsheet, sampling method, witness estimate, or set of assumptions. We examine the source of each figure instead of treating the final total as self-proving.
Common ways to challenge loss include:
- Credits against loss: Money returned, and the fair market value of property or services provided to the victim before the offense was detected, generally reduce the loss figure. Collateral the victim recovers can also count.
- Double counting: The same dollar sometimes appears more than once, through different victims, accounts, or transactions.
- Intent: Intended loss must be based on what the defendant actually meant to take. A large number on paper is not automatically proof of intent.
- Causation and foreseeability: Actual loss must be reasonably foreseeable harm caused by the offense, not losses caused by something else.
Loss litigation is often the real trial in a fraud case. If the government’s number goes unchallenged, it can set much of the sentence before the hearing begins.
Victim counts
The fraud guideline adds levels based on the number of victims and the harm they suffered. Under the current guideline, the offense level increases by:
- 2 levels if the offense involved 10 or more victims, mass marketing, or substantial financial hardship to at least one victim
- 4 levels if it caused substantial financial hardship to 5 or more victims
- 6 levels if it caused substantial financial hardship to 25 or more victims
The government’s victim list should be checked line by line. We look for duplicate entries, whether each person meets the guideline definition of a victim, and whether the claimed hardship was caused by the offense. Reimbursement may affect the loss analysis, but it does not automatically remove someone from the victim count.
Sophisticated means
The “sophisticated means” enhancement adds two levels when the offense involved especially complex or intricate conduct and the defendant intentionally engaged in or caused that conduct. It does not require every step of the offense to be sophisticated.
The guideline commentary says hiding assets or transactions through fictitious entities, corporate shells, or offshore accounts ordinarily indicates sophisticated means. The Fifth Circuit has upheld the enhancement where the conduct, taken as a whole, made the offense harder to detect, even when no single step was especially complex (United States v. Lightfoot, 5th Cir. 2020).
The enhancement can still be fought. Common arguments include:
- Legitimate business structure: The entities or accounts existed for ordinary business or tax reasons, not to hide anything.
- Repetitive, simple conduct: The conduct was a series of routine transfers, not a layered scheme built to avoid detection.
- Individual responsibility: The evidence does not show that the defendant intentionally engaged in or caused the allegedly sophisticated conduct.
Sentencing-table illustration: How enhancements can stack
This numerical illustration is not a real case or claimed result. It assumes Criminal History Category I, eligibility for the zero-point reduction, a $300,000 loss allegation, and a disputed sophisticated-means enhancement.
| Step | Sentenced through Oct. 31, 2026 | Sentenced on or after Nov. 1, 2026 |
|---|---|---|
| Base offense level | 7 | 7 |
| Loss of $300,000 | +12 | +10 |
| Sophisticated means | +2 | +2 |
| Government’s starting level | 21 (37–46 months) | 19 (30–37 months) |
Now suppose the defense defeats the sophisticated means enhancement, and the person receives acceptance of responsibility and the zero-point offender reduction:
| Step | Sentenced through Oct. 31, 2026 | Sentenced on or after Nov. 1, 2026 |
|---|---|---|
| Remove sophisticated means | −2 | −2 |
| Acceptance of responsibility | −3 | −3 |
| Zero-point offender reduction | −2 | −2 |
| Final level | 14 (15–21 months) | 12 (10–16 months) |
The illustrated range moves from 37–46 months to 10–16 months, depending on which enhancements are supported, whether the reductions apply, and which loss table governs. The actual calculation must be based on the evidence and the defendant’s individual circumstances.
Ways to get below the guideline range or the mandatory minimum
The guideline range is advisory. Since United States v. Booker (2005), judges must calculate it and consider it, but they are not required to follow it.
Here are the main tools for getting below the range, and in some cases below a mandatory minimum.
Variances under 18 U.S.C. § 3553(a)
A variance is a sentence outside the range based on the factors in 18 U.S.C. § 3553(a). The judge must impose a sentence “sufficient, but not greater than necessary” to meet the purposes of sentencing.
Those factors include:
- The nature and circumstances of the offense
- Your history and characteristics
- The need for punishment, deterrence, and public protection
- Your need for treatment, education, or medical care
- The kinds of sentences available
- The guideline range
- The need to avoid unwarranted differences between similar defendants
- The need to provide restitution
Arguments that often support a variance include a minor role, lack of criminal history, serious health problems, older age, military service, family members who depend on you, a difficult upbringing or trauma, addiction that is being treated, and strong work history. Each argument is stronger when it is backed by records rather than statements.
A variance alone cannot reduce a mandatory minimum. The main paths below the floor are safety-valve relief and a government motion under § 3553(e); a negotiated charge may also determine whether a minimum applies in the first place.
The safety valve
The safety valve in 18 U.S.C. § 3553(f) allows a judge to sentence below a qualifying drug mandatory minimum. In covered § 2D1.1 cases, meeting the criteria also supports a two-level guideline reduction.
To qualify, a defendant generally must:
- Meet the statute’s criminal history limits
- Not have used violence or possessed a firearm in connection with the offense
- Not have caused death or serious bodily injury
- Not have been an organizer, leader, manager, or supervisor
- Truthfully provide the government all information about the offense before sentencing
In Pulsifer v. United States (2024), the Supreme Court held that a defendant is disqualified by any one of three criminal history conditions: more than four points (excluding one-point offenses), a prior three-point offense, or a prior two-point violent offense. That narrowed who qualifies, so criminal history must be scored carefully.
The safety valve is not cooperation. It requires truthful disclosure about your own offense, but it does not require that the information be useful to the government, and it does not require testimony against anyone.
Substantial assistance
If you provide substantial assistance in investigating or prosecuting someone else, the government can file a motion under U.S.S.G. § 5K1.1. A motion under 18 U.S.C. § 3553(e) can also allow a sentence below the mandatory minimum.
Cooperation after sentencing can lead to a reduction under Rule 35(b). The government generally must file that motion within one year of sentencing, with some exceptions.
Cooperation is a serious decision with real risks:
- The government ordinarily controls the motion: Court review of a refusal is limited, such as when the refusal rests on an unconstitutional motive or violates an enforceable plea agreement.
- The extent of any reduction is up to the judge.
- Proffer sessions carry legal risk, depending on the terms of the proffer agreement.
- Safety concerns can affect you and your family.
Cooperation terms should be clearly defined and documented. Do not rely on informal assurances from an agent or prosecutor about what you will receive.
Mitigating role in drug cases
Some people in Houston drug cases are accused of a limited function, such as carrying, relaying messages, or acting as a lookout. The guidelines allow a reduction for a minor or minimal role under U.S.S.G. § 3B1.2.
The 2025 drug amendments strengthened this reduction. The commentary now says a mitigating role adjustment is generally warranted for people whose primary function was among the lowest-level trafficking roles, such as couriers, lookouts, or people running errands or sending messages.
The amendment also strengthens the limit on the base offense level for these defendants in high-quantity cases. For a minimal participant who receives the four-level role reduction, the base offense level is now capped at 30.
For a low-level participant held responsible for a large drug quantity, the role finding can materially lower the advisory range.
Zero-point offender reduction
Since November 1, 2023, people with no criminal history points may receive a two-level reduction under U.S.S.G. § 4C1.1, if they meet the criteria.
Disqualifying factors include violence or credible threats, a firearm or dangerous weapon, certain sex offenses, an aggravating role, and personally causing substantial financial hardship. Eligibility should be checked early, because it can also shape the plea negotiation.
Acceptance of responsibility
Under U.S.S.G. § 3E1.1, a defendant who clearly accepts responsibility can receive a two-level reduction. If the offense level is 16 or higher, the government can move for one additional level when the defendant pleads guilty in a timely way.
This reduction can be lost. Denying relevant conduct falsely, committing new crimes, or obstructing justice before sentencing can cost you these levels.
These tools overlap, and the order in which they are raised matters. Whenever possible, eligibility should be checked before the plea rather than after the presentence report arrives.
Building the mitigation case: What persuades a federal judge
Federal judges read a great deal before a sentencing hearing. The defense’s job is to give the judge specific, credible reasons to choose a lower sentence.
The sentencing memorandum
The sentencing memorandum is the defense’s main written argument. A strong memo usually includes:
- The correct guideline calculation, and why any disputed enhancement should not apply
- Your life story, told through records rather than general statements
- The § 3553(a) analysis, tying each factor to evidence
- Comparable sentences, showing how similar defendants have been sentenced
- A specific requested sentence, and why it is enough to meet the goals of sentencing
- Supporting exhibits, such as letters, medical records, treatment records, certificates, and employment records
The government may file its own memorandum asking for a sentence within or above the range. Our memorandum should answer the government’s arguments, not just repeat yours.
Character letters that help
Letters from family, friends, employers, and community members can make a real difference. But generic letters are easy for a judge to skim past.
Letters that help most usually:
- Are addressed to the judge and submitted through your lawyer
- Explain how the writer knows you and for how long
- Describe specific examples of your character, work, or care for others
- Acknowledge that the writer knows about the conviction
- Explain the concrete effect your absence would have, such as on children or an aging parent
- Avoid attacking the prosecution, the victims, or the court
We review letters before they are filed. A letter that minimizes the offense can hurt more than it helps.
Allocution: What you say to the judge
Allocution is your chance to speak directly to the judge. It is the one point in the hearing when the judge hears from you, not from the lawyers.
Effective allocution is short, sincere, and in your own words. It usually accepts responsibility, acknowledges harm to others, and explains what you are doing to change.
We help you prepare, but we do not replace your voice with legal language. A short and genuine statement is usually stronger than one that sounds scripted.
What does not work
Some common arguments carry little weight on their own:
- Promises of future good behavior without any record to support them
- Family hardship claims without documentation
- Blaming co-defendants, victims, or law enforcement
- Arguing that the guidelines are simply too high, without facts specific to you
- Letters that all say the same thing in the same words
Sentencing by offense type in the Southern District of Texas
Sentences vary widely by offense. The table below shows FY2025 averages for the district from the U.S. Sentencing Commission.
| Offense type | Mean sentence | Median sentence | Issues that often drive the number |
|---|---|---|---|
| Child pornography | 123 months | 96 months | Image counts, distribution enhancements, mandatory minimums |
| Money laundering | 118 months | 97 months | Value of laundered funds, underlying offense level |
| Drug trafficking | 79 months | 60 months | Drug quantity, purity, role, firearm, safety valve |
| Firearms | 43 months | 36 months | Prior convictions, § 924(c) consecutive minimums |
| Fraud, theft, embezzlement | 19 months | 6 months | Loss amount, number of victims, sophisticated means |
| Immigration | 10 months | 5 months | Prior removals, prior convictions, fast-track eligibility |
These are averages across many different cases. An individual sentence depends on the statute, guideline findings, criminal history, evidence, and § 3553(a) factors.
For its averages, the Commission counts probation as zero months and caps sentences longer than 470 months at 470 months.
Common mistakes before federal sentencing
Many of the hardest sentencing problems we see were created after the plea. The most common include:
- Talking about the case on jail phones: Calls from detention facilities are generally recorded and can be used at sentencing.
- Going to the presentence interview unprepared: Unplanned statements about the offense can raise relevant conduct or create an obstruction issue.
- Missing the 14-day objection deadline: Errors that are not raised in time can become part of the official record.
- Assuming the plea agreement controls the sentence: In most plea agreements, the judge is not bound by the parties’ recommendations.
- Waiting to gather mitigation: Medical records, school records, and letters take time to collect.
- Deleting or “cleaning up” records: Destroying emails, texts, or financial records can lead to an obstruction enhancement, loss of acceptance of responsibility, or new charges. Digital records may also show what existed, what was removed, and when it was deleted.
- New arrests or supervision violations: Any new trouble before sentencing can cost acceptance of responsibility and hurt credibility with the judge.
- Ignoring the date of sentencing: With amendments taking effect November 1, 2026, the date can affect the range in some cases.
After the sentence: Surrender, prison placement, and how time is served
Sentencing day is not the end of the work. Several decisions made at and after the hearing affect how and where the sentence is served.
Self-surrender or immediate custody
Some defendants are allowed to report to prison on a set date, which is called voluntary surrender. Others are taken into custody at the hearing.
Under 18 U.S.C. § 3143, detention after a guilty finding is the general rule unless the judge finds by clear and convincing evidence that you are not a flight risk or danger. For certain offenses, including many drug offenses with a maximum of 10 years or more and crimes of violence, detention is required with only narrow exceptions.
If voluntary surrender is possible, it should be argued for, with a plan, before the hearing. It gives you time to arrange family, work, and medical matters.
Facility recommendations and RDAP
The Bureau of Prisons decides where you serve your sentence. Its Designation and Sentence Computation Center in Grand Prairie, Texas, considers security level, medical needs, programs, and judicial recommendations.
The BOP generally treats placement within 500 driving miles of the release residence as reasonably close, but placement there is not guaranteed. A judicial recommendation is not binding, although the BOP considers it when practicable.
We often ask the judge to recommend:
- A specific facility or region close to family
- The Residential Drug Abuse Program (RDAP), if you have a documented substance use history
- Educational, vocational, or mental health programs
Completing RDAP can make some people eligible for a reduction of up to one year, but the Bureau of Prisons determines admission and early-release eligibility. The PSR is an important source of substance-use information, so the history should be reported accurately and supported where possible.
How federal time is actually served
There is no parole in the federal system for offenses committed after November 1, 1987. But a federal sentence is usually not served day for day.
- Good conduct time: Under 18 U.S.C. § 3624(b), eligible people serving more than one year can earn up to 54 days for each year of the sentence imposed.
- First Step Act time credits: Eligible people can earn credits through approved programs, which may be applied toward earlier transfer to prerelease custody or supervised release. Certain offenses are excluded.
- Supervised release: Most federal prison sentences are followed by a term of supervised release. Since November 1, 2025, the guidelines call for an individualized decision about whether supervision is needed and what conditions make sense.
Appeals and other post-sentencing deadlines
Many post-sentencing deadlines are only 14 days long.
- Notice of appeal: Must generally be filed within 14 days after the judgment is entered.
- Rule 35(a): A court may correct a clear arithmetical, technical, or other clear error within 14 days after sentencing.
- Rule 35(b): Allows a reduction for substantial assistance, generally on a government motion within one year.
- Compassionate release: Under 18 U.S.C. § 3582(c)(1)(A), a court may reduce a sentence for extraordinary and compelling reasons after the statutory administrative requirement is satisfied.
- Retroactive guideline amendments: When the Commission makes an amendment retroactive, eligible people can ask for a reduction under § 3582(c)(2).
Many plea agreements include an appeal waiver, which limits what can be raised. That makes it even more important to get the sentencing right the first time.
How our firm approaches federal sentencing
Keith & Lorfing is headquartered in Houston and accepts federal engagements nationwide. Our federal sentencing practice brings together lawyers and investigators with experience inside federal prosecutions, defense matters, investigations, and the judiciary.
What our team brings to a Houston federal sentencing includes:
- Former federal prosecutor: Managing partner Russell Lorfing served as an Assistant United States Attorney. He is admitted in the Southern District of Texas and the Fifth Circuit.
- Electronic-evidence experience: Russell has trained federal prosecutors and lectured for the FBI, IRS, and DEA on electronic evidence and related subjects.
- Judicial perspective: Hon. E. Scott Frost (Ret.) is a former U.S. Magistrate Judge with more than 30 years of federal courtroom experience.
- Investigative depth: The broader team includes former federal prosecutors, a former federal defender, retired FBI agents, a retired IRS Criminal Investigation agent, and a CPA.
- Financial analysis: In fraud and white-collar cases, that background helps us test loss, victim, restitution, and financial-record calculations.
- Clear advice: We explain the guideline range, available arguments, and realistic risks in terms clients and their families can understand.
We can become involved before a plea, after a conviction, or when separate counsel is needed for sentencing. Earlier involvement usually provides more time to preserve objections, prepare for probation, and build the mitigation record.
Frequently asked questions
Can I get probation in federal court?
Possibly, but it is uncommon. In FY2025, 97.5% of people sentenced in the Southern District of Texas received prison time. Probation is generally limited to lower guideline ranges and is not available for some offenses, including those carrying certain mandatory minimums.
How long after a guilty plea is sentencing in Houston?
It depends on the judge and the case. Under the district’s local rule, the presentence report is normally prepared over about 35 days and disclosed at least 35 days before sentencing, so sentencing is usually set at least several weeks after the plea. Complex cases or objections can push the date later.
Can I hire a new lawyer just for sentencing?
Yes, subject to the court’s procedures and approval where required. New counsel should be in place as early as possible, ideally before the presentence interview and well before the 14-day objection deadline.
Do character letters help?
They can, when they are specific and credible. Letters that describe concrete examples of who you are, and how your absence would affect others, tend to carry more weight than general praise.
Can the judge give me more time than my plea agreement says?
In most cases, yes. Under most plea agreements, sentencing recommendations do not bind the judge. A plea under Rule 11(c)(1)(C) can bind the court to a specific sentence or range if the judge accepts the agreement, and if the judge rejects it, you generally have the right to withdraw your plea.
Can my federal sentence be reduced after I am sentenced?
Sometimes. Options include a direct appeal, a Rule 35 motion, compassionate release, and reductions based on retroactive guideline amendments. Most of these have strict deadlines or narrow requirements, so they should be reviewed quickly.
