NOTE TO ATTORNEYS

This manual is an attempt to compile useful resources that federal defense attorneys can
consult when drafting sentencing memoranda and making oral arguments for sentences
below the advisory guideline range. Many of the assumptions underlying the United States
Sentencing Guidelines and government sentencing recommendations have no supportable
basis. The following resource list will guide you to studies and statistics that undercut many
of the most common assumptions. Web sites, professional journals, and even newspapers
are replete with such information. Citing these sources to the Court will provide strength
and objectivity to your sentencing arguments.

It is our hope that this resource becomes a living document that expands over time with the
input of defense attorneys nationwide. If you come across a source with an especially good
argument, particularly one published by the federal government, please submit the cite and
excerpt in an email to jennifer_coffin@fd.org, sarah_gannett@fd.org, or molly_roth@fd.org
so that it may be included in future editions of this resource.

Former working drafts of this manual were included in the package of materials distributed
at the 2006 National Seminar for Federal Defenders and the 2008 National Seminar for
Federal Defenders. Check the Training Branch’s website www.fd.org for the most current
version of this manual.