Federal Defense

An indictment is a charging document returned by a grand jury after hearing the government's evidence and finding probable cause. An information is a charging document filed directly by the U.S. Attorney without grand-jury involvement. Federal felonies must be charged by indictment unless the defendant waives that right under Fed. R. Crim. P. 7(b) — typically as part of a plea agreement where the defendant agrees to plead to an information.

Guideline ranges depend on a base offense level (driven by the statute and conduct), specific offense characteristics, role adjustments, acceptance-of-responsibility reduction (-2 or -3 levels), and a criminal-history category (I-VI). The Guidelines have been advisory since United States v. Booker (2005), so the sentencing judge considers the range alongside the 18 U.S.C. §3553(a) factors. Departures and variances are routine — but the Guideline range remains the starting point in every federal sentencing.

A statutory provision at 18 U.S.C. §3553(f) and U.S.S.G. §5C1.2 that allows a sentencing court to sentence below an otherwise-applicable mandatory minimum in certain drug cases when five conditions are met: limited criminal history (after First Step Act, up to 4 criminal history points), no violence or weapon involved, no death or serious bodily injury caused, not an organizer/leader, and truthful debriefing with the government before sentencing. Effectively the only path around a mandatory minimum without a 5K1.1 motion.

A government motion under U.S.S.G. §5K1.1 (or 18 U.S.C. §3553(e) for relief below a mandatory minimum) recognizing the defendant's substantial assistance in the investigation or prosecution of another person. Only the government may file the motion. If filed, the sentencing court may depart below the Guideline range — and below any mandatory minimum if §3553(e) is invoked. The credit awarded depends on the timeliness, truthfulness, and value of the cooperation.

Under 18 U.S.C. §3624(b), BOP inmates earn up to 54 days of good-conduct time per year served. The First Step Act of 2018 clarified the calculation to credit 54 days per year of the sentence imposed (not per year actually served), benefiting longer sentences. Additionally, FSA earned-time credits at 18 U.S.C. §3632(d)(4) allow up to 15 days per 30 days of programming for low-risk inmates — applicable toward prerelease custody or supervised release.