A Guidelines Dispute Is Different From a Variance Request
Direct answer: A guidelines dispute challenges the calculation or its inputs. A variance request asks the court to impose a different sentence based on the legally relevant individual record. Counsel may need different evidence for each argument.
Do not ask one document to do both jobs
Joseph’s July Law360 article makes this distinction central to sentencing preparation. A factual disagreement about a calculation is not resolved by a favorable character letter. Equally, a correct calculation does not describe every circumstance counsel may consider relevant to the requested sentence.
Build separate evidence lists
For a disputed calculation, counsel may need particular records or factual clarifications. For an individualized sentencing request, the preparation may concern documented conduct, personal circumstances and supported future arrangements. Keep the lists separate so unresolved legal questions are not buried inside a general mitigation packet.
Let counsel define the requested outcome
The availability and strength of an argument depend on the law and the case. Do not assume that a variance can override every statutory constraint or that better documentation produces a specific reduction. The preparation task is to supply accurate evidence that counsel can evaluate.
Preparation checklist
- Issue being raised: calculation or individualized sentencing request.
- Fact or legal question counsel needs to resolve.
- Record supporting the factual point.
- Missing evidence or uncertainty.
- Attorney decision on how the argument should be presented.
If the guideline calculation is correct, does preparation stop?
No. Joseph’s analysis describes a separate role for individualized evidence, but counsel must determine which arguments are available and appropriate.
Published analysis behind this resource
- Law360: A 3-Part Blueprint for Sentencing Variance Arguments (July 14, 2026)
This resource adapts preparation principles from Joseph’s published analysis. Publication does not imply publisher endorsement of Sentencing Advocacy Group.
Continue with the related SAG guide, explore the published work, or read Client Results & Experiences.
Discuss the next preparation step
Joseph De Gregorio has been retained in more than 500 federal cases. Contact Sentencing Advocacy Group to discuss preparation alongside defense counsel.