Sentencing Hearings

What To Expect

If you’re charged in federal court, there’s a strong chance you’ll face a sentencing hearing. Preparing early—without paying a “prison consultant”—will help you make better decisions. Use our free lessons and AI tools at PrisonProfessors.org to learn how the PSR works, how to write your narrative, how to practice allocution, and how to build mitigation that continues to help you long after sentencing.

I learned this the hard way. I went to trial in 1987, was convicted, and served 26 years. That experience drives my mission today: to help you prepare with knowledge and discipline, not hype or fear.

PSR Issues

Sentencing usually starts with the court resolving disagreements about the Presentence Investigation Report (PSR)—for example, guideline levels, enhancements, or criminal history. Judges often decide these disputes on the record at the hearing, based on objections from both sides. The PSR is central to sentencing and guides recommendations and dispute resolution. (United States Courts)

Government First

After PSR issues, the judge invites argument. Prosecutors typically speak first and ask for a specific sentence. By law and rule, victims may be heard at sentencing (the Crime Victims’ Rights Act and Criminal Rule 32 require courts to allow victim statements). (Legal Information Institute, Department of Justice)

Defense Next

Your attorney then argues for a lower sentence, addressing the PSR, the guideline range, and the statutory factors. The judge considers the advisory Guidelines and the factors Congress set in 18 U.S.C. § 3553(a)—imposing a sentence “sufficient, but not greater than necessary.” (U.S. Sentencing Commission, Legal Information Institute)

Your Allocution

The judge will likely ask if you wish to speak. This is allocution—your chance to humanize yourself, accept responsibility when appropriate, discuss the harm, and present a concrete plan to live lawfully. Speak briefly (3–5 minutes), sincerely, and in your own voice. Criminal Rule 32 recognizes this moment, and judges often reference §3553(a) when explaining their decision. (Legal Information Institute)

Pronouncing Sentence

Finally, the court announces the sentence and explains the reasons with reference to the Guidelines and §3553(a) factors (nature and circumstances of the offense, your history and characteristics, need for the sentence, and more). 

Understanding this framework helps you and counsel target the arguments that matter most. (Legal Information Institute, U.S. Sentencing Commission)

Prepare Yourself

You don’t need a prison consultant. Most of them spend little time in the system and lack the depth, breadth, and proven experience needed to guide others through complex challenges.You need a plan—and proof. Use our free tools to build a record that supports your attorney’s arguments and your allocution:

• Profile: Create a profile at PrisonProfessors.org (top-right button).
  
  
• Narrative: Tell your story—background, lessons learned, remorse, and repair.
  
  
• Evidence: Log journals, course work, certificates, service, restitution efforts.
  
  
• PSR Readiness: Know what belongs in the PSR and how to flag errors early.
  
  
• Victim Awareness: Document steps you’re taking to repair harm.
  
  

For official references on the process, see the U.S. Courts overview of presentence reports and the U.S. Sentencing Commission resources on sentencing and victims’ rights. (United States Courts, U.S. Sentencing Commission)

Key Takeaways

• Sentencing opens by resolving PSR disputes, then moves to arguments, victim input, allocution, and the court’s decision. (United States Courts, Legal Information Institute)
  
  
• Judges must consider §3553(a) factors and the advisory Guidelines. (Legal Information Institute, U.S. Sentencing Commission)
  
  
• Your allocution can influence outcomes—prepare it, practice it, and keep it honest. (Legal Information Institute)
  
  
• Build written proof (profile, journals, service, restitution) to support your words.
  
  
• You can learn everything you need with free resources and AI—no consultant required.
  
  

Self-Directed Exercise

Post these as separate entries in your Prison Professors profile (creates a time-stamped mitigation record you can cite at sentencing and later for administrative relief):

1. PSR Objections Map: List any factual or guideline disputes, the evidence, and your lawyer’s position.
   
   
2. 3553(a) Plan: In 250–300 words, connect your history, positive works, and repair efforts to the §3553(a) factors. (Legal Information Institute)
   
   
3. Allocution Draft: 350–500 words covering remorse, harm, lessons, and a specific 12-month plan (education, service, counseling, restitution milestones). Record yourself reading it; revise after listening.
   
   

Proof Folder: Upload or list documents (certificates, service logs, restitution receipts) you can hand your lawyer for the sentencing memo.