Articles
The United States Sentencing Guidelines (“Sentencing Guidelines”) were developed for the sake of promoting uniformity in sentencing based on the type of offense committed and the defendant’s criminal history. In line with this second factor, the United States Sentencing Commission implemented career offender enhancements that impose punitive penalties to deter repeat offenses. Career offender enhancements are some of the most punishing penalties applied under federal sentencing guidelines because they elevate the defendant’s criminal history rating to Category VI. This criminal history category is the highest available and, in some cases, may nearly quadruple the sentencing guideline range. Even when a judge decides on a substantial downward departure from the Guidelines, the sentence may still be higher than it would be if a career offender enhancement was not applied. The imposition of sentences significantly beyond the recommended Sentencing Guidelines affects the substantial rights of defendants because it imposes additional time in prison—the most egregious of errors.
However, this loss of legal rights and freedoms is not the only consequence for prisoners sentenced to career offender enhancements and, arguably, is not even the most damaging. Prisoners returning from extended sentences are less likely to reenter society effectively, as their lack of experience with technological and cultural developments make it difficult to manage even bare necessities. Career offenders are also at greater risk of permanently severing ties with friends and family, which makes reentry into society far more difficult. Incarcerated individuals bear these deeply personal consequences, while scholars remain skeptical that long prison sentences have a meaningful impact on public safety. As such, it is critical that the courts—for the sake of judicial efficacy, effective justice, and the very wellbeing of the incarcerated—apply correct sentencing guidelines ranges.
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