As the Department of Justice begins seeking harsher penalties in federal cases, it is more important than ever to have experienced federal defense attorneys fight for justice.

Department of Justice Instructed to Prosecute Most Serious Offense in Federal Cases

On January 21, 2025, the Office of the Attorney General issued a memorandum to all Department of Justice (“DOJ”) employees regarding Interim Policy Changes Regarding Charging, Sentencing, and Immigration Enforcement. You can read the full text of the memo here.

According to the new memo, interim changes to the Justice Department’s policy regarding charging and sentencing are being implemented to address President Trump’s January 20, 2025 Executive Order relating to the elimination of cartels and transnational criminal organizations. As such, the DOJ has been instructed:

in the absence of unusual facts, prosecutorial discretion at the Department of Justice and the U.S. Attorney’s Office is bounded by the core principle that prosecutors should charge and pursue the most serious, readily provable offenses. The most serious offenses are those punishable by death where applicable, and offenses with the most significant mandatory minimum sentences (including under the Armed Career Criminal Act and 21 U.S.C. § 851) and the most substantial recommendation under the Sentencing Guidelines.

Each United States Attorney and Assistant Attorney General is responsible for ensuring that this interim policy is implemented and followed.

What Does this Interim Memo Mean for Federal Criminal Defendants?

For individuals who have recently been charged, or who will be charged in the future, the DOJ’s interim memorandum could mean that the government will seek harsher charges and punishment. Federal prosecutors have been instructed to seek federal indictments for “the most serious, readily provable offenses.”

Prosecutors generally have wide discretion in deciding how to charge a federal criminal defendant. Often times, they will use this discretion as a bargaining tool in plea negotiations in the early stages of a case. Under the DOJ’s new guidance, the United States Attorneys Office is directed to bring the most severe charges it can believes can be proved to a grand jury.

In addition, the interim memorandum will also affect how the government handles federal sentencing. The majority of federal sentences typically fall within what is known as the advisory Sentencing Guidelines range. Under the interim memo, prosecutors are directed to seek “the most substantial recommendation under the Sentencing Guidelines.”

How Does this Memo Affect Enhanced Sentences?

In addition to the government seeking the most substantial recommendation under the federal Sentencing Guidelines, the DOJ is also told to seek 21 U.S.C. § 851 and Armed Career Criminal Act (“ACCA”) enhancements. These enhancements greatly increase a federal defendant’s sentencing exposure and establish significant mandatory minimum sentences. It is imperative that you have a seasoned and experienced federal defense lawyer on your side.

Section 851 Enhancements

An enhancement under 21 U.S.C. § 851 applies to federal drug crimes under Title 21 of the United States Code. The government can file a notice of enhanced penalty under § 851 if the defendant has one or more prior convictions for a serious drug felony or serious violent felony. The effect of filing an 851 notice raises the statutory minimum and maximum sentences for offenses under 21 U.S.C. § 841(b).

ACCA Enhancements

The Armed Career Criminal Act applies to federal defendants charged with being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1). Typically, a § 922(g)(1) offense is punishable by up to 10 years imprisonment. However, if the defendant has three prior convictions for a violent felony of serious drug offense, the mandatory minimum becomes 15 years and maximum of life imprisonment.

What To Do If You or a Loved One is Charged with a Federal Crime?

The federal defense lawyers at Evergreen Attorneys are ready to zealously fight for your rights and freedom. Contact us today at (303) 948-1489 or [email protected] to discuss how we can assist with your case.