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FEDERAL PUBLIC DEFENDER’S OFFICE
SENTENCING RESOURCE MANUAL


STATUTORY AUTHORITY FOR SENTENCING ARGUMENTS

18 U.S.C. § 3553(a): Factors to be considered in imposing a sentence

T
he court shall impose a sentence sufficient, but not greater than necessary, to comply with the
purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider—

  1. the nature and circumstances of the offense and the history and characteristics
    of the defendant;
  2. the need for the sentence imposed—

    A) to reflect the seriousness of the offense, to promote respect for the law,
    and to provide just punishment for the offense;

    B) to afford adequate deterrence to criminal conduct;

    C) to protect the public from further crimes of the defendant; and

    D) to provide the defendant with needed educational or vocational training,
    medical care, or other correctional treatment in the most effective manner;

  3. the kinds of sentences available;
  4. the kinds of sentence and the sentencing range established for—

    A) the applicable category of offense committed by the applicable category
    of defendant as set forth in the guidelines . . .

  5. any pertinent policy statement . . .
  6. the need to avoid unwarranted sentence disparities among defendants with
    similar records who have been found guilty of similar conduct; and
  7. the need to provide restitution to any victims of the offense.