When most federal defendants think of sentencing, they fixate on the guideline range calculated by the Pre-sentence Investigation Report (PSR). But what many don’t realize is that the most powerful weapon in your fight for leniency isn’t buried in the sentencing table—it’s in 18 U.S.C. § 3553(a).

 What Are the 3553(a) Factors?

The 3553(a) factors are the legal criteria a judge must consider when determining your sentence. While guidelines are influential, judges have the discretion to issue a “variance” (a sentence outside the guideline range) based on these broader considerations. Some of the key factors include:

• The nature and circumstances of the offense
• The history and characteristics of the defendant
• The need for the sentence to reflect just punishment—not excessive punishment
• Deterrence and protection of the public
• The need to provide medical care, educational or vocational training
• Avoiding unwarranted sentence disparities 

The Case of Casey Crowther

Take the case of Casey Crowther, a roofer from Florida who was convicted in a high-profile white-collar fraud case. The PSR calculated his guideline range at 151 to 188 months—over 12 years.

But Crowther didn’t roll over.

Instead, he and his team focused on mitigating every single 3553(a) factor. He showed who he was beyond the conviction: his community support, his business that employed dozens, his family responsibilities, and his post-offense rehabilitation efforts.

The result?

A downward variance to just 36 months—a 75% reduction from the low end of the guideline range.

But that’s not even the most remarkable part.

Crowther then asked the judge to increase his sentence by one month—to 37 months—so he’d qualify for RDAP, the Residential Drug Abuse Program. That smart move allowed the Bureau of Prisons to cut his sentence to just 9 months in custody with time off and early placement.

What You Can Learn

Crowther’s case proves that if you want mercy, you need a strategy—and it starts with the 3553(a) factors. When you humanize yourself, prepare documentation, begin mitigation early, and frame your story correctly, you give the judge a reason to go below the guidelines.

The guidelines are only part of the story. The 3553(a) factors are the part you control—and if done right, they can change your life.