List the federal sentencing factors the memorandum must address
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the factor headings in § 3553(a)(1) through (a)(4) as headings only. Do not recommend a sentence and do not state a guidelines number.
- What the lawyer must review
- You write the memorandum and you recommend the sentence. Section 3553(a) says the court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes in paragraph (2). The court considers the nature and circumstances of the offense and the history and characteristics of the defendant; the need for the sentence to reflect seriousness, promote respect, and provide just punishment, to afford adequate deterrence, to protect the public, and to provide needed educational or vocational training, medical care, or other correctional treatment; the kinds of sentences available; and the kinds of sentence and the sentencing range established for the applicable category in the guidelines issued under 28 U.S.C. § 994(a)(1), subject to amendments. The Guidelines Manual was not opened. No range, no offense level, and no percentage is stated. Model Rule 3.3(a)(1) forbids a knowing false statement of law about those factors. This list is the headings. It is not the argument.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.