Federal Sentencing Guidelines (Part 4)

by | Dec 25, 2018 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Court continued: Experience has shown that, although the interpretation proffered by Justice Sotomayor’s concurring opinion in Freeman could be one permissible reading of §3582(c)(2), as a systemic, structural matter the system Congress put in place is best implemented by the interpretation confirmed in this case. The Government’s counterarguments—that allowing defendants with Type-C agreements to seek reduced sentences under §3582(c)(2) would deprive the Government of a benefit of its bargain, namely, the defendant’s agreement to a particular sentence; and that allowing courts to reduce the sentences of defendants like Hughes would be inconsistent with one of the Commission’s policy statements—are unpersuasive.

Hughes is eligible for relief under §3582(c)(2). The District Court accepted his Type-C agreement after concluding that a 180-month sentence was consistent with the Guidelines, and then calculated Hughes’ sentencing range and imposed a sentence it deemed “compatible” with the Guidelines. The sentencing range was thus a basis for the sentence imposed. And that range has since been lowered by the Commission.  The District Court has discretion to decide whether to reduce Hughes’ sentence after considering the §3553(a) factors and the Commission’s relevant policy statements. P. 14. 849 F. 3d 1008, reversed and remanded.

Justices Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch joined in Justice Kennedy’s opinion. Justice Sotomayor filed a separate concurring opinion. Chief Justice Roberts filed a dissent and was joined by Justices Alito and Thomas. Justices Thomas and Alito tend to be the most likely justices to side with the government. Justice Gorsuch, the newest justice at the time of this opinion, joined the more moderate majority here.

The claim that the Government was denied a benefit of their bargain is not persuasive since the government is supposed to do justice as opposed to being a private advocate. The Sentencing Commission’s decision to lower the Guidelines range represents what is supposed to be a sentencing range that is consistent with the administration of justice.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was excellent and helped my son deal with a issue in PPB, despite being a long distance away. He is very thorough and knows how to navigate the ins and outs of the local legal waters.
Bruces
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fantastic lawyer, I had two charges that were thankfully dropped thanks to Fred. If you're looking for a great lawyer, Fred Sisto is the guy to call. 5 stars. Thank you Fred Sisto.
Dan M
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred sisto was an absolute life saver in my case I would recommend him to anyone in the future if needed.
Nelson C
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
That’s my lawyer he’s the greatest
Donald J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
Toni V