United States District Court - Western District of Wisconsin

Thorough sentencing advocacy can be used effectively at the federal level to discover “…aggravating or mitigating circumstances of a kind or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described.”

Prior to Booker, Judges granted downward departures that have held up through the process of review and potential reversal wherein were used a number of reasons or factors for reductions. Now that the guidelines are designated as advisory, these factors (listed below) could be even more helpful in obtaining reasonable sentences.

Examples of Mitigating Factors Considered in Federal Court:

Learning disorders, reduced capacity / mental health

• Abusive / dysfunctional home environment

• Criminal family influence

• Drug / alcohol addiction of parents

• Neglect

• Cultural conflict: The role of culture in confession statements

• Confluence of circumstances related to the crime and the defendant: Coercion and duress

• Aberrational nature of the defendant’s conduct

• Susceptibility to abuse in prison

• Rehabilitation efforts, pre- and post- arrest

• Overstatement of criminal history