Legal Question in Criminal Law in Hawaii
sentencing
i'm getting sentence on federal charges firearm to my knowledge the max on my charges federal guidelines is 5 1/2 years they want to give me 7 to 10 years can they do that
Asked on 10/16/08, 2:04 pm
1 Answer from Attorneys
Rustam Barbee
Rustam A. Barbee, Attorney at Law
Re: sentencing
A federal judge can impose a sentence within the maximum statutory cap so long as the sentence is "sufficient but not greater than necessary" to affect the goals of punishment and sentencing. Usually, but not always, the Judge will impose a sentence within the advisory guideline sentence range, in your case, 5 and 1/2 years. You should clarify with your attorney, what to expect from the judge.
Answered on 10/20/08, 3:24 pm
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