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Criminal Defense

Sentencing Guideline Analysis

Sentencing guideline calculations are time-consuming and error-prone, requiring meticulous review of criminal history, offense characteristics, and complex adjustment provisions. Defense attorneys must analyze hundreds of pages of PSRs, research applicable departures and variances, and cite supporting case law—all under tight deadlines before sentencing hearings.

Automation ROI

Time savings at a glance

Manual workflow6.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 32.5x time with CaseMark

The Problem

Sentencing guideline calculations are time-consuming and error-prone, requiring meticulous review of criminal history, offense characteristics, and complex adjustment provisions. Defense attorneys must analyze hundreds of pages of PSRs, research applicable departures and variances, and cite supporting case law—all under tight deadlines before sentencing hearings.

The CaseMark Solution

CaseMark automates comprehensive sentencing guideline analysis by extracting relevant facts from case documents, calculating offense levels and criminal history categories, and identifying applicable departures and variances with supporting citations. Generate detailed guideline worksheets and sentencing memoranda foundations in minutes, allowing you to focus on strategic advocacy rather than manual calculations.

What you'll receive

Executive Summary with Recommended Sentencing Range
Detailed Guideline Calculation Worksheet
Base Offense Level Determination with Citations
Specific Offense Characteristics and Adjustments
Criminal History Category Analysis
Advisory Guideline Range Calculation
Statutory Mandatory Minimums and Maximums
Departure Analysis with Legal Authority
Variance Arguments under 3553(a) Factors
Supporting Case Law and Citations
Mitigating and Aggravating Circumstances
Strategic Sentencing Recommendations
Missing Information Checklist

Document requirements

Required

  • Charging Instrument
  • Presentence Investigation Report (PSR)
  • Criminal History Records

Optional

  • Plea Agreement
  • Police Reports
  • Character Letters
  • Prior Sentencing Documents

Perfect for

Criminal defense attorneys preparing for sentencing hearings
Federal public defenders handling guideline calculations
Prosecutors evaluating appropriate sentencing recommendations
Solo practitioners managing criminal caseloads
Appellate attorneys reviewing sentencing issues

Also useful for

This workflow is applicable across multiple practice areas and use cases

Appeals90% relevant

Appellate attorneys reviewing criminal sentencing issues need to analyze whether trial courts properly applied sentencing guidelines and whether departures or variances were legally justified.

Sentencing errors are common grounds for criminal appeals, requiring detailed analysis of guideline calculations, criminal history scoring, and departure/variance justifications to identify reversible errors.

Securities attorneys representing clients in criminal securities fraud or insider trading cases need to analyze sentencing guidelines to assess criminal exposure and prepare sentencing mitigation strategies.

Federal securities violations often result in criminal prosecution with complex guideline calculations involving loss amounts and victim impacts, making sentencing analysis critical for defense preparation.

Healthcare Law70% relevant

Healthcare attorneys defending clients in criminal healthcare fraud prosecutions need to analyze federal sentencing guidelines for fraud offenses and calculate potential sentencing exposure.

Healthcare fraud is a major federal criminal enforcement area with specific guideline enhancements, requiring detailed sentencing analysis for physicians, executives, and healthcare entities facing criminal charges.

Government contractors facing criminal prosecution for contract fraud or false claims need sentencing analysis to prepare for potential criminal penalties and understand exposure.

Federal sentencing guidelines specifically address fraud and false statements in government contracting, making this analysis relevant for defense counsel representing contractors in criminal matters.

Frequently asked questions

Q

How accurate are CaseMark's sentencing guideline calculations?

A

CaseMark applies the current federal and state sentencing guidelines with precision, citing specific sections for each calculation step. The system cross-references the offense level and criminal history category to produce accurate advisory ranges. However, attorneys should always review the analysis to ensure it reflects the unique circumstances of their case and any recent guideline amendments.

Q

Can CaseMark analyze both federal and state sentencing guidelines?

A

Yes, CaseMark can analyze both federal sentencing guidelines under the USSG and state-specific sentencing schemes. The system identifies the applicable jurisdiction based on your case documents and applies the relevant guideline structure, whether federal, state determinate, state indeterminate, or advisory guideline systems.

Q

What if my PSR hasn't been prepared yet?

A

CaseMark can work with available documents like charging instruments, criminal history records, police reports, and plea agreements to prepare a preliminary guideline analysis. This allows you to begin sentencing preparation early, identify potential issues, and engage in informed plea negotiations before the PSR is finalized.

Q

How does CaseMark identify grounds for departure or variance?

A

CaseMark analyzes case facts against recognized departure provisions in the guidelines and evaluates 3553(a) sentencing factors for variance arguments. The system searches for mitigating circumstances like acceptance of responsibility, diminished capacity, extraordinary family circumstances, and other factors, then provides relevant case law citations supporting potential arguments for reduced sentences.

Q

How much time can I save on sentencing preparation?

A

Criminal attorneys typically spend 6-8 hours manually calculating guidelines, researching departures, and citing case law for a sentencing memorandum. CaseMark reduces this to approximately 12 minutes for the initial comprehensive analysis, allowing you to reallocate hours to client counseling, witness preparation, and courtroom advocacy.