Criminal Procedure
Sentencing Memorandum
A filing that argues what sentence the court should impose and why.
Governing rule: Fed. R. Crim. P. 32
Plain-English definition
A sentencing memorandum is advocacy for the punishment phase. The defense may emphasize mitigation, history, rehabilitation, family impact, restitution, or guideline objections. The government may emphasize deterrence, harm, criminal history, or aggravating facts.
How it works
Sentencing memos are usually filed after the presentence report and before the sentencing hearing. They often cite the Guidelines and the statutory sentencing factors.
Why it matters
For many defendants, the sentencing memo is the most important written advocacy in the case because guilt has already been resolved.
Related terms
More in Criminal Procedure
Allocution
A defendant’s opportunity to speak directly to the judge before sentence is imposed.
Arraignment
A criminal proceeding where charges are formally read or presented and the defendant enters an initial plea.
Bail
Release before trial under conditions designed to assure appearance and protect the community.
Beyond a Reasonable Doubt
The constitutional proof standard the government must meet to convict a defendant of a crime.
Bond
A financial or secured promise tied to a defendant’s release and future court appearances.
Indictment
A formal criminal charging document issued by a grand jury after finding probable cause to accuse the defendant.
Information
A criminal charging document filed by a prosecutor without a grand jury indictment.
Plea Agreement
An agreement in which a criminal defendant pleads guilty under negotiated terms with the government.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.