During the sentencing phase of a federal criminal case, the attorney for the government should assist the sentencing court by:

1. 1. Attempting to ensure that the relevant facts and sentencing factors, as applied to the facts, are brought to the court's attention fully and accurately; and
2. 2. Making sentencing recommendations in appropriate cases.

Comment. Sentencing is a critical stage in a case, and prosecutors play an indispensable role in advocating for just sentences. A prosecutor must be familiar with the guidelines generally and with the specific guideline provisions applicable to the case. A prosecutor should, as provided in JM 9-27.720 and 9-27.750, endeavor to ensure the accuracy and completeness of the information upon which the sentencing decisions will be based. Department policy requires that prosecutors always be candid with the court, the probation office, and the public as to the full extent of the defendant’s conduct and culpability, regardless of whether the charging document includes such specificity. In addition, as provided in JM 9-27.730, a prosecutor should offer recommendations with respect to the sentence to be imposed.

[updated June 2023]