| name | sentencing-memorandum |
| title | Sentencing Memorandum (Defense) |
| description | Drafts defense sentencing memoranda for federal and state criminal proceedings. Covers USSG guidelines analysis, § 3553(a) factors, mitigating evidence, alternative sentencing proposals, and restitution. Use when advocating for a favorable sentence after conviction or guilty plea. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/sentencing-memorandum |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | criminal |
| language | en |
Sentencing Memorandum (Defense)
Advocates for the most favorable sentence by presenting the defendant as a complete person, analyzing guidelines, and proposing a just sentence grounded in the § 3553(a) factors.
Prerequisites
Gather before drafting:
- Presentence report (PSR) — USSG calculations, criminal history, personal history
- Objections to PSR — factual or legal objections to probation officer's calculations
- Guidelines calculation — offense level, criminal history category, guidelines range
- Defendant's history — background, family, education, employment, health, military
- Letters of support — family, employers, community, clergy
- Mitigating evidence — mental health records, substance abuse treatment, trauma
- Victim impact — restitution calculations, victim statements
- Proposed sentence — what defense requests and why
Quick Start
- Calculate correct guidelines range and identify PSR objections
- Map defendant's life history to § 3553(a) factors
- Organize mitigating factors by persuasive strength
- Draft sentence proposal applying the parsimony principle
- Attach letters of support and evidentiary exhibits
Document Structure
Introduction
- Acknowledge the offense honestly
- Introduce the defendant as a person
- Preview the requested sentence
Guidelines Analysis
Offense Level: Base level, specific offense characteristics, adjustments (role, obstruction, acceptance of responsibility), objections with legal authority, correct range.
Criminal History: Category/score, objections (over-representation), context for priors.
Departures and Variances: Departure grounds (USSG §§ 5K1.1, 5K2.0), variance grounds under 18 U.S.C. § 3553(a), government § 5K1.1 motion if cooperating.
The § 3553(a) Factors
Address each factor with specificity:
| Factor | Key Content |
|---|
| Nature/circumstances of offense | Context, defendant's role, aberrant vs. pattern behavior |
| History/characteristics | Childhood/ACEs, education, employment, family obligations, military, health, substance abuse, age/recidivism |
