What factors must a judge consider before imposing sentence?
The law requires a district court to impose the shortest sentence necessary to meet certain goals, such as “just punishment,” deterrence, protecting the public, and providing the defendant with needed training, treatment, or care. To determine the minimally sufficient sentence, the judge must “consider” seven factors: the “nature and circumstances of the offense and the history and characteristics of the defendant,” the purposes of sentencing, “the kinds of sentences available,” the sentencing range recommended by the United States Sentencing Guidelines (“guidelines”), the policy statements issued by the United States Sentencing Commission, “the need to avoid unwarranted sentence disparities among similar defendants,” and the need to provide restitution to the victims.
