Sentencing Memoranda

Sentencing memoranda (also called sentencing submissions or sentencing position papers) are written documents filed by the government and the defense in United States federal criminal cases to advocate for a specific sentence before the sentencing hearing. Although not explicitly required by statute or rule, they have become standard practice in nearly every federal district and are expressly encouraged by many local rules and standing orders. Memoranda allow parties to present legal arguments, factual mitigation or aggravation, supporting evidence, and policy considerations that go beyond the Presentence Investigation Report (PSR).

Courts rely heavily on sentencing memoranda when fashioning sentences, particularly in complex, high-profile, or white-collar cases. In fiscal year 2024, more than 85 percent of felony sentencings involved at least one sentencing memorandum. |title_mode=replace

Purpose and Timing

The primary purposes of a sentencing memorandum are:

• To resolve or highlight disputes about the United States Sentencing Guidelines calculation
• To present evidence and arguments supporting departures or variances
• To address the 18 U.S.C. § 3553(a) sentencing factors
• To recommend a specific sentence (or range) and conditions of supervised release
• To attach supporting materials (character letters, medical records, expert reports, restitution documentation)

Memoranda are typically filed 7–14 days before the sentencing hearing, after the final PSR addendum. Many districts require simultaneous filing or set staggered deadlines (defense first, government response 5–7 days later).

Defense Sentencing Memorandum

A defense memorandum usually contains:

• Factual narrative of the defendant’s background and role in the offense
• Objections to the PSR (if not already resolved)
• Arguments for downward departures (e.g., §5K2.0 grounds) or variances
• Detailed § 3553(a) analysis emphasizing rehabilitation, family responsibilities, disparity avoidance, or collateral consequences
• Character letters (often 20–100) from family, employers, clergy, and community members
• Supporting exhibits (psychological evaluations, substance-abuse treatment records, employment history, military service, tax returns)
• Proposed conditions of supervised release or alternatives to incarceration

Since United States v. Booker (2005) rendered the Guidelines advisory, defense memoranda frequently argue that the Guidelines are overly punitive or fail to account for the defendant’s unique circumstances.

Government Sentencing Memorandum

The government memorandum typically:

• Defends the PSR’s guideline calculation
• Highlights aggravating factors and victim impact
• Opposes defense requests for downward departures or variances
• Recommends a sentence at or near the top of the guideline range (or statutory maximum in serious cases)
• May include a §5K1.1 substantial-assistance motion for downward departure if the defendant cooperated
• Attaches victim-impact statements or photographs

Department of Justice policy generally requires Assistant U.S. Attorneys to file memoranda in cases involving significant downward variance requests or where the government seeks an upward variance.

Common Attachments and Exhibits

• Character reference letters (limited to 50–100 in many districts)
• Medical and mental-health records
• Certificates of program completion (drug treatment, education, vocational training)
• Employment verification and performance reviews
• Photographs of family or community involvement
• Expert reports (psychologists, mitigation specialists)
• Financial documents for restitution or fine calculations

Judicial Expectations and Local Rules

Many districts have specific requirements:

• Page limits (15–35 pages excluding exhibits)
• Font and spacing rules
• Mandatory table of contents for lengthy submissions
• Redaction of personal identifiers
• Courtesy copies delivered to chambers

Judges frequently cite sentencing memoranda in their statements of reasons and may adopt proposed language for supervised-release conditions.

Terminology

• Sentencing Memorandum – Formal written advocacy document
• Character Letters – Letters of support from third parties
• § 3553(a) Factors – Statutory considerations the court must weigh
• Variance Argument – Request for a non-guideline sentence
• Mitigation Packet – Informal term for the collection of exhibits attached to the memorandum
• Booker Brief – Older term for post-2005 variance memoranda

See also

• Presentence Investigation Report
• United States Sentencing Guidelines
• Sentencing Hearings: Procedures and Considerations

External links

• Federal Defender Sample Sentencing Memorandum (2025)
• Justice Manual § 9-27.000 – Principles of Federal Prosecution (sentencing policy)