In my latest podcast I address the sentencing memorandum. Unfortunately, too many defendants lack an understanding of the sentencing memorandum--some have never even heard of it until it was turned in to the government before sentencing.

Presuming it was done well, the memo plays a pivotal role in influencing the sentencing phase by presenting a comprehensive, well-rounded defense narrative to the judge. Starting with essential background information about the defendant, the memorandum explores character details and mitigating circumstances surrounding the offense.

This podcast posted along with a longer blog on Topwca.com, highlights the strategic importance of integrating personal narratives into the memorandum to enhance its personal touch and persuasiveness. For example, during my own sentencing, my attorneys successfully incorporated details from my life to bolster the memorandum's effectiveness.

The post also advises defendants on the necessity of contributing to their memoranda, emphasizing unique mitigating factors to distinguish their cases, akin to Seth Godin's "Purple Cow" concept—making their cases stand out distinctly.

Finally, the blog stresses the importance of defendants being proactive and involved in the drafting of their sentencing memorandums.

Justin Paperny