SentenceCalc

How federal sentencing works

Every federal sentence starts with the same arithmetic. The court works out an offense level from 1 to 43 and a criminal history category from I to VI, then reads the guideline range where they meet on the sentencing table. Only after that does the judge decide the actual sentence.

Guidelines Manual effective November 1, 2025Updated October 4, 2026

General information about how the guidelines work, written by web developers, not lawyers. It is not legal advice about any case; see the disclaimer.

Step 1: the offense level

The court finds the guideline in Chapter Two of the Guidelines Manual that covers the crime of conviction. Each one has a base offense level (robbery is 20, fraud is 6 or 7, illegal reentry is 8) and a list of specific offense characteristics that add or subtract levels: the amount of money or drugs, whether a gun was involved, whether anyone was hurt.

The facts counted are not limited to what is in the indictment. Under the relevant conduct rule, the court looks at everything the person did or helped do as part of the offense, and in group crimes, what partners did that was within the plan and reasonably foreseeable.

Step 2: adjustments that apply to every crime

Chapter Three adds levels for a vulnerable victim, a leadership role, abuse of trust or obstruction of justice, and subtracts them for a minor role. If there are several counts, they are combined under the grouping rules. Then acceptance of responsibility takes off 2 or 3 levels for most people who plead guilty.

Step 3: criminal history

Chapter Four turns prior sentences into points: 3 for each prior prison sentence over 13 months, 2 for sentences of 60 days or more, 1 for the rest (up to 4). The points set a criminal history category from I to VI. People with zero points may get a 2-level zero-point reduction, and career offenders are moved to Category VI with a higher minimum level.

Step 4: the sentencing table and the statute

The offense level and category meet on the sentencing table, which gives a range in months, such as 51 to 63. The statute of conviction then sets hard limits: the range cannot exceed the statutory maximum, and if the statute has a mandatory minimum, the sentence cannot go below it unless the safety valve or a government cooperation motion applies.

Step 5: the judge decides

Since United States v. Booker (2005), the guidelines are advisory. The judge must calculate the range correctly and consider it, then weigh the factors in 18 U.S.C. §3553(a): the nature of the offense, the person's history and characteristics, the need for deterrence and protection of the public, and avoiding unwarranted disparities. The sentence must be “sufficient, but not greater than necessary.”

Since November 1, 2025, the manual describes this as a two-step process: calculate the range, then consider the §3553(a) factors. Most of the old “departure” provisions were removed; judges now reach sentences outside the range through variances under §3553(a), while reductions for cooperation (§5K1.1) and early disposition programs (§3F1.1) remain.

After the sentence

  • There is no federal parole for offenses committed after November 1, 1987.
  • Good-conduct credit can reduce time served by up to 54 days for each year of the sentence imposed, so someone who earns all of it serves about 85% of a sentence longer than one year.
  • Supervised release follows prison, typically for 1 to 5 years, with conditions similar to probation.
  • Most cases end in a plea. In fiscal year 2024, 97% of people sentenced in federal court had pleaded guilty.

Frequently asked questions

Are federal sentencing guidelines mandatory?

No. Since United States v. Booker (2005) they are advisory. Judges must calculate the guideline range correctly and consider it, but may impose a different sentence after weighing the factors in 18 U.S.C. §3553(a). Mandatory minimums set by statute are binding, unless the safety valve or a government cooperation motion applies.

How much of a federal sentence is actually served?

There is no parole. With full good-conduct credit of up to 54 days per year of the sentence imposed, a person serves about 85% of a sentence longer than one year, followed by supervised release. First Step Act time credits can shorten it further for some eligible people.

What is an offense level?

A number from 1 to 43 that measures the seriousness of the crime as committed. It starts from the base level of the crime's guideline and moves up or down with the facts of the case, the person's role, obstruction and a guilty plea.

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