The Federal Sentencing Guidelines do not determine the sentence. A law, 18 United States Code 3553(a), lists the factors that determine the sentence. One of those factors is the sentencing guideline applicable to the offense that the judge is free to ignore, reject entirely, or, modify.” Often the parties agree on the guideline and they include it in plea agreements. Even though they are not binding on the judge, the guidelines the judge know what the parties believe. It does not mean that the defendant is agreeing that the stipulated guideline is what he should be sentenced to. In fact most defendants disagree with the guideline but agree that it IS the guideline applicable to the crime. In fact in most cases in the Southern and Eastern Districts of New York the agreements allow for the defendant to argue for a sentence under the guidelines. As many inmates know, many defendants have guidelines that are super, super high, yet never get a sentence even remotely within their guideline range. Many get “time served” sentences. Don’t get too worked up about the guidelines. They determine nothing.
– David Zapp and Johanna Zapp