Legal Definitions - USSG

USSG stands for the United States Sentencing Guidelines.

The United States Sentencing Guidelines are a comprehensive set of rules and principles that federal judges use to determine appropriate sentences for individuals convicted of federal crimes. Developed by the U.S. Sentencing Commission, their primary purpose is to reduce disparities in sentencing among similar offenders and offenses, while also ensuring that sentences are proportionate to the severity of the crime and the defendant's criminal history. Although they became advisory rather than mandatory after a 2005 Supreme Court ruling, federal judges are still required to consider the Guidelines when imposing sentences.

Here are some examples illustrating how the United States Sentencing Guidelines apply:

• Example 1: Federal Drug Trafficking Case

  Imagine a person is convicted in federal court for trafficking a significant quantity of illegal drugs across state lines. Before sentencing, the probation office would prepare a presentence report that calculates the recommended sentencing range using the USSG. This calculation would consider factors such as the type and quantity of drugs involved, the defendant's role in the offense (e.g., leader, minor participant), and any prior criminal history. The judge would then review this recommended range, consider arguments from both the prosecution and defense, and ultimately impose a sentence that, while not strictly bound by the Guidelines, must take them into account as a significant factor.

• Example 2: Corporate Embezzlement Scheme

  Consider a former financial executive found guilty of embezzling millions of dollars from their company through a complex wire fraud scheme. When determining the sentence, the federal judge would consult the USSG to assess the severity of the crime. The Guidelines provide specific instructions for calculating the financial loss to victims, the number of victims affected, whether the defendant abused a position of trust, and if the scheme involved sophisticated means. These factors would lead to a specific sentencing range, guiding the judge in deciding on a prison term, restitution, and potential fines, aiming for a sentence that reflects the gravity of the financial crime.

• Example 3: Plea Bargaining in a Federal Firearms Case

  A defendant is charged with illegally possessing a firearm after a prior felony conviction. During plea negotiations, both the federal prosecutor and the defense attorney would frequently refer to the USSG to estimate the potential sentence if the case went to trial and the defendant was found guilty. Understanding the likely sentencing range under the Guidelines—which would consider factors like the type of firearm, any prior violent felonies, and the defendant's criminal history category—allows both sides to make informed decisions about plea offers, ensuring that any proposed plea agreement falls within a reasonable expectation of what a judge might impose.