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Sentencing memorandum example 2025

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The document is a sentencing memorandum submitted by Edgar Client's counsel in the United States District Court for the Eastern District of Michigan. It argues for a lenient sentence of one day in prison, home detention with electronic monitoring, and ten years of supervised release for Mr. Client, who was charged with possession of child pornography. The memorandum details Mr. Client's medical history, mental health issues, and lack of prior criminal history, asserting that his offense was less serious than typical cases and that he poses a low risk of reoffending. It critiques the severity of existing sentencing guidelines for child pornography offenses as disproportionate and not reflective of empirical data, advocating instead for a sentence that aligns with the principles set forth in 18 U.S.C. § 3553(a).

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What do you write in a letter to a judge for sentencing?

The judge may consider a variety of aggravating or mitigating factors. These include whether the defendant has committed the same crime before, whether the defendant has expressed regret for the crime, and the nature of the crime itself.

Are sentencing memorandums public record?

A defense attorney can argue for an alternative sentence to that recommended by the prosecution. For example, the defendants attorney might argue that the community is protected by sentencing the defendant to house arrest with GPS monitoring, and so that incarceration could be avoided.

How to convince a judge to reduce a sentence?

Introduce yourself to the Court. Explain how you know (and how long you have known) the defendant. Make it personal when describing the defendants characteristics. Can you think of examples of good deeds done by the defendant (hard work, dedication to family/church/community, generosity, etc).

What to say in a sentencing statement?

The public has a First Amendment right of access to sentencing memoranda and the exhibits attached thereto.

What is a sentencing memorandum?

Avoid making excuses. Instead, let the Judge know you are remorseful, and that you will do whatever it takes to avoid getting in trouble again. A great speech at sentencing is a brief and sincere-sounding apology to the victims and the court.