Sentencing Advocacy Group · Preparation resources
Federal Sentencing Memorandum: What Makes It Useful?
A sentencing memorandum connects the requested sentence to the law, the record and the individual standing before the court.
Counsel owns the legal argument.
The defense memorandum is a court submission prepared and filed under counsel’s direction. A personal narrative, character letter or mitigation packet can support it, but none is a substitute for legal analysis. Local rules, the judge’s procedures and the sentencing schedule control filing and submission requirements.
For the client, the most useful contribution is an accurate, organized evidence file. Counsel needs to identify what a document proves, whether it is reliable and how it relates to the proposed sentence. Sending hundreds of unlabelled pages close to the deadline makes that work harder.
Build an evidence map
- Personal history: significant circumstances with supporting dates and records.
- Accountability: concrete conduct, realistic reflection and steps taken to prevent repetition, coordinated with counsel.
- Rehabilitation: treatment or education records showing duration, participation and progress.
- Responsibilities: documented caregiving, employment and financial obligations, with workable backup arrangements.
- Release plan: verified housing, employment prospects, treatment continuity and support contacts.
- Financial repair: payment records and a realistic plan, without treating payment as a promise of leniency.
Separate a disputed calculation from a variance request.
A disagreement with the PSR’s facts or Guidelines calculation needs a specific objection and supporting evidence. A variance request asks the court to consider a different sentence under the statutory sentencing factors. Counsel may pursue both, but they answer different questions. Keep the supporting documents clearly labelled so the argument does not blur them together.
Start a simple exhibit index: document name, date, source, point supported and any confidentiality concern. Mark incomplete items honestly. Ask before obtaining sensitive third-party records or contacting someone for a letter.
Write for a busy reader.
Clear organization matters more than a dramatic tone. A short overview, precise headings, a defined request and exhibits that can be located quickly make the information usable. Repetition and unsupported superlatives can obscure the strongest facts.
Before counsel finalizes the submission, check names, dates, treatment descriptions and financial figures against source documents. The personal narrative, letters, PSR information and memorandum should not contradict one another.
Personal narrative versus sentencing memorandum · Read judges’ perspectives on clear advocacy
Primary legal framework
18 U.S.C. §3553: sentencing considerations. Counsel determines procedure and applicable authority.
Educational information, reviewed October 5, 2026. Sentencing Advocacy Group is not a law firm and does not provide legal advice. Counsel evaluates the law and facts in each case. Individual outcomes vary.
From the bench · Preparation that earns attention
Federal Judges’ Perspectives
What federal judges have said about credibility, accountability, character letters and meaningful change.
Sentencing preparation becomes more useful when it addresses the questions a court must actually decide. This collection brings together 36 judicial voices, including excerpts from Alan Ellis’s 12-part Views From the Bench series and judges’ published writing.
Understand what the court needs to evaluate.
Across more than 500 federal matters, Sentencing Advocacy Group’s work has focused on helping clients prepare a documented account of their lives, conduct and progress. We connect personal history with verifiable evidence, a realistic plan and counsel’s sentencing strategy.
A judge’s public remarks provide perspective; they do not predict a sentence or replace the law applicable to a case.
Explore federal sentencing mitigation →Make the evidence specific
Character letters and mitigation records are stronger when they explain firsthand observations, dates, actions and changes that can be verified.
Prepare useful character letters →Prepare before the PSR
Organize an accurate personal-history timeline, treatment records, employment information and a realistic release plan with counsel.
Prepare for the PSR interview →36 voices. Distinct perspectives.
Read the excerpts below, or use the eight-second judicial carousel. These are historical remarks, not endorsements of SAG. Judicial views differ; titles reflect the source period.
Character letters
“The number of character letters is not that important, it’s quality that counts”
Judge Jed S. Rakoff
Allocution
“I like to have a conversation with the defendant”
Judge Mark W. Bennett
Individual circumstances
“Tell me something I don’t know about your client.”
Judge Patrick J. Schiltz
The human element
“I am looking for the human element”
Judge Robert N. Scola Jr.
Individualized preparation
“tailor your sentencing memorandum to this particular defendant.”
Judge Cynthia A. Bashant
A supported recommendation
“It is important that the lawyers be clear on what they are asking for and the rationale for it.”
Judge Jon D. Levy
Knowing the person
“Sentencing is very personal. The more I see a defendant, the more I get to know him.”
Judge John R. Adams
Candor
“I want the unvarnished truth. It can really help if I believe that they are sincere.”
Judge Otis D. Wright II
Credibility
“Lawyers need to be candid with me. They should not whitewash their client’s crimes.”
Judge Walter H. Rice
Early PSR preparation
“Get it to the probation officer early. It is extremely helpful if provided even prior to the PSR interview itself”
Judge Justin L. Quackenbush
A clear sentencing memorandum
“Get to the point. Make it easy to read and understandable.”
Judge James S. Gwin
An informed decision
“The more information I have; the more informed decision I can make”
Judge Amy J. St. Eve
Documented conduct in custody
“Reports and statements by correctional officers are very helpful”
Judge Paul L. Friedman
Focused advocacy
“Longer is not better; often, less is more. Also, it is very important that a lawyer be totally honest with me.”
Judge Robert L. Hinkle
Community service
“I find it helpful where the defendant has proposed a community service by talking to schools, businesses, and other groups about what he’s done.”
Judge Marcia S. Krieger
Credible recommendations
“I give great weight to a serious, credible recommendation of sentence by the lawyers”
Judge Neil V. Wake
An individual plan
“Give me a plan. Tailor it to this defendant.”
Judge James C. Mahan
Preparation before the hearing
“The best lawyers take advantage of this opportunity to educate me in advance about the case”
Judge Mark L. Wolf
Individualized sentencing
“I am sentencing the individual.”
Judge Jerome B. Simandle
Credibility
“Don’t sugarcoat your client. It doesn’t work and takes away from your credibility.”
Judge Lawrence J. O’Neill
Accepting responsibility
“If you’re going to accept responsibility, then accept responsibility.”
Judge Morrison C. England Jr.
Support at sentencing
“If employers are there to speak on a defendant’s behalf, this, too, can be very impactful.”
Judge Frederic Block
Accountability and future plans
“Apologize to the people whom you’ve hurt. Show me what you are going to be doing in the future.”
Judge Charles R. Breyer
A complete record
“The more information you get in front of a sentencing judge, the better.”
Judge Amit P. Mehta
Repairing harm
“I want to hear what the defendant has done to try to make the victim whole again.”
Judge James K. Bredar
Allocution about harm to family and victims
“The best person to present this information is often the defendant, not his attorney.”
Judge Paula Xinis
Genuine good deeds
“Tell me something your client did when no one was keeping score”
Judge Ralph Erickson
Explaining conduct and change
“A lawyer needs to help me understand why his client did what he did, why it is out of character, and why he is not going to do it again.”
Judge Mark R. Hornak
Specific treatment plans
“I respect lawyers who give me a specific treatment plan to help me understand the client is not going to reoffend.”
Judge Brian Anthony Jackson
Supporting reentry
“The judge emphasizes that supervised release is intended to assist the supervisee in reentry.”
Judge Richard M. Berman
Justice and encouragement
“There is nothing inconsistent with imposing a just sentence and trying to encourage a defendant to do better.”
Judge Timothy J. Corrigan
Employment after prison
“Obtaining and maintaining employment is an essential part of re-entering society after imprisonment.”
Judge Denny Chin
Recognizing RISE Court graduates
“I personally couldn’t be prouder of their achievement.”
Judge Raymond Lohier Jr.
Reentry and alternatives to incarceration
“Reentry and ATIP give us the opportunity to be part of people’s successes and not just their punishment.”
Magistrate Judge Laurel Beeler
Second chances
“I always believed there should be a chance for a second chance, and the opportunity to have a good life.”
Judge John T. Curtin
Employment and community return
“The key to successful reentry is steady employment and we are hopeful that other employers will follow the Court’s example.”
Judge Rubén Castillo
Sources, dates & publication context
- Judge Jed S. Rakoff — Alan Ellis · Law360 · Views From the Bench, Part 1 · March 1, 2016. Read the original source.
- Judge Mark W. Bennett — Alan Ellis · Law360 · Views From the Bench, Part 1 · March 1, 2016. Read the original source.
- Judge Patrick J. Schiltz — Alan Ellis · Law360 · Views From the Bench, Part 2 · March 15, 2016. Read the original source.
- Judge Robert N. Scola Jr. — Alan Ellis · Law360 · Views From the Bench, Part 2 · March 15, 2016. Read the original source.
- Judge Cynthia A. Bashant — Alan Ellis · Law360 · Views From the Bench, Part 4 · May 3, 2016. Read the original source.
- Judge Jon D. Levy — Alan Ellis · Law360 · Views From the Bench, Part 4 · May 3, 2016. Read the original source.
- Judge John R. Adams — Alan Ellis · Law360 · Views From the Bench, Part 5 · June 15, 2016. Read the original source.
- Judge Otis D. Wright II — Alan Ellis · Law360 · Views From the Bench, Part 5 · June 15, 2016. Read the original source.
- Judge Walter H. Rice — Alan Ellis · Law360 · Views From the Bench, Part 5 · June 15, 2016. Read the original source.
- Judge Justin L. Quackenbush — Alan Ellis · Law360 · Views From the Bench, Part 5 · June 15, 2016. Read the original source.
- Judge James S. Gwin — Alan Ellis · Law360 · Views From the Bench, Part 6 · July 20, 2016. Read the original source.
- Judge Amy J. St. Eve — Alan Ellis · Law360 · Views From the Bench, Part 6 · July 20, 2016. Read the original source.
- Judge Paul L. Friedman — Alan Ellis · Law360 · Views From the Bench, Part 6 · July 20, 2016. Read the original source.
- Judge Robert L. Hinkle — Alan Ellis · Law360 · Views From the Bench, Part 7 · September 13, 2016. Read the original source.
- Judge Marcia S. Krieger — Alan Ellis · Law360 · Views From the Bench, Part 7 · September 13, 2016. Read the original source.
- Judge Neil V. Wake — Alan Ellis · Law360 · Views From the Bench, Part 7 · September 13, 2016. Read the original source.
- Judge James C. Mahan — Alan Ellis · Law360 · Views From the Bench, Part 8 · March 14, 2017. Read the original source.
- Judge Mark L. Wolf — Alan Ellis · Law360 · Views From the Bench, Part 8 · March 14, 2017. Read the original source.
- Judge Jerome B. Simandle — Alan Ellis · Law360 · Views From the Bench, Part 8 · March 14, 2017. Read the original source.
- Judge Lawrence J. O’Neill — Alan Ellis · Law360 · Views From the Bench, Part 9 · July 28, 2017. Read the original source.
- Judge Morrison C. England Jr. — Alan Ellis · Law360 · Views From the Bench, Part 9 · July 28, 2017. Read the original source.
- Judge Frederic Block — Alan Ellis · Law360 · Views From the Bench, Part 10 · January 24, 2018. Read the original source.
- Judge Charles R. Breyer — Alan Ellis · Law360 · Views From the Bench, Part 10 · January 24, 2018. Read the original source.
- Judge Amit P. Mehta — Alan Ellis · Law360 · Views From the Bench, Part 11 · May 8, 2018. Read the original source.
- Judge James K. Bredar — Alan Ellis · Law360 · Views From the Bench, Part 11 · May 8, 2018. Read the original source.
- Judge Paula Xinis — Alan Ellis · Law360 · Views From the Bench, Part 11 · May 8, 2018. Read the original source.
- Judge Ralph Erickson — Alan Ellis · Law360 · Views From the Bench, Part 12 · December 17, 2018. Read the original source.
- Judge Mark R. Hornak — Alan Ellis · Law360 · Views From the Bench, Part 12 · December 17, 2018. Read the original source.
- Judge Brian Anthony Jackson — Alan Ellis · Law360 · Views From the Bench, Part 12 · December 17, 2018. Read the original source.
- Judge Richard M. Berman — Judicature · Court-Involved Supervised Release: A Call to Action · 2025. Read the original source.
- Judge Timothy J. Corrigan — Judicature · Reflections of a Judge on Criminal Sentencing · 2016. Read the original source.
- Judge Denny Chin — U.S. Courts · Remarks about the RISE Court program · July 27, 2021. Read the original source.
- Judge Raymond Lohier Jr. — U.S. Courts · RISE Court graduation during the pandemic · July 27, 2021. Read the original source.
- Magistrate Judge Laurel Beeler — U.S. Courts · Court Intervention Teams Target Substance Abuse · June 23, 2021. Read the original source.
- Judge John T. Curtin — Western District of New York · 125th Anniversary judicial history · Historical remarks · Court memorial. Read the original source.
- Judge Rubén Castillo — Northern District of Illinois · Reentry program hiring announcement · May 21, 2015. Read the original source.
Educational information, reviewed October 5, 2026. Sentencing Advocacy Group is not a law firm and does not provide legal advice. Counsel evaluates the law and facts in each case. Individual outcomes vary.