Federal Court Review & Mitigation for Defendants

Sentencing is the phase where the most time is at stake and the least preparation is typically invested. It is a separate proceeding with its own record, its own burden of proof, and its own opportunities.

For most federal defendants, the question is not whether there will be a conviction — the overwhelming majority of federal cases resolve by plea — but what the sentence will be and what can be done afterward. We handle both, as counsel of record and as sentencing and mitigation counsel working alongside trial attorneys.

Guidelines litigation comes first. Offense level calculations, loss and gain figures, role adjustments, relevant conduct, acceptance of responsibility, criminal history categorization, and the enhancements that drive the range are all contestable, and they are frequently contested poorly or not at all. We file substantive objections to the presentence report, litigate disputed facts under Rule 32, and argue departures and variances under 18 U.S.C. § 3553(a) with the specific record the court needs to justify one.

Mitigation is the other half. A sentencing memorandum that recites the defendant's good character persuades no one. A mitigation case built on documented history, medical and psychological evaluation where warranted, verified employment and restitution capacity, comparative sentencing data from the Sentencing Commission, and a concrete supervision and treatment plan gives a judge something to work with. We build that record, and we build it before the probation officer writes the first draft, not after.

After judgment, we handle post-conviction and post-judgment review: motions under 28 U.S.C. § 2255, compassionate release and sentence reduction under 18 U.S.C. § 3582(c), retroactive guideline amendments, Rule 35 and Rule 36 motions, early termination of supervised release under 18 U.S.C. § 3583(e)(1), and Bureau of Prisons designation and programming advocacy. We also advise on executive clemency where the record supports a petition.

What we handle

• Presentence report review and Rule 32 objections
• Guidelines calculation litigation
• Sentencing memoranda and departure and variance advocacy
• Mitigation investigation and expert retention
• Comparative sentencing and disparity analysis
• 28 U.S.C. § 2255 motions
• Compassionate release and § 3582(c) sentence reductions
• Retroactive amendment and Rule 35 practice
• Early termination of supervised release
• BOP designation, programming, and clemency advocacy

Who we represent

• Defendants awaiting sentencing in federal court
• Trial counsel seeking sentencing or mitigation co-counsel
• Incarcerated individuals seeking post-conviction review
• Families of federal defendants
• Individuals on supervised release
• Clemency petitioners