NCJ Number
78922
Date Published
1980
Length
41 pages
Annotation
Intended for defense counsel whose clients have been convicted of white-collar crimes, this article presents guidelines for dealing with the presentence investigation and the sentencing hearing and discusses sentencing law and postsentencing remedies.
Abstract
Defense attorneys should consider the possibility of a conviction from the moment they enter the case and should plan their defense strategy accordingly. A presentence report is required in nearly all white-collar criminal cases which result in convictions. Probation officers will interview the defendant and the defendant's family. Defense attorneys should prepare memoranda for the probation officers and should submit letters to the court. Clients should take such steps as paying delinquent taxes before sentencing. Persons who know the defendant should write letters emphasizing the defendant's good qualities. Sentencing alternatives include probation with special conditions, deferred prosecution, a split sentence, and sentencing of a person under age 26 under the Federal Youth Corrections Act. Attorneys should also point out that both the National Advisory Commission on Criminal Justice and the American Bar Association recommend that total confinement be the last resort in sentencing. Attorneys may also wish to mention the last resort in sentencing. Attorneys may also wish to mention the conviction's impact on the defendant's career, the defendant's cooperation with the Government, and medical reports. A sentencing memorandum should be given to the court before the sentencing day, since oral points are less easily understood without priorwritten information. The Court of Appeals for the Second Circuit has promulgated guidelines for sentencing in the six Federal district courts in Connecticut, New York, and Vermont. Sentencing is under the exclusive control of the sentencing court. Case decisions have involved such areas as the need for a statement of reasons for sentencing, facts to be taken into account, determinations of issues of fact, prior convictions, and perjury at trial. Postsentence remedies include correction of an illegal sentence, reduction of a sentence upon introduction of new information, release or correction under U.S.C. Section 2255, or a writ of error coram nobis based on such circumstances as waiver of criminal or unfair selective prosecution. Footnotes with references are provided. For related material, see NCJ 78913.