San Diego Criminal Lawyers Blog
In late 2025, Federal Sentencing Guidelines were updated and took effect with an eye toward reducing circuit splits, reforming sentencing procedures and outcomes, and giving judges more discretion by basing sentencing more heavily on individual situations, as well as by revising various other sentencing rules. The Guidelines Manual is now available for anyone to see, and the impacts will be felt across multiple areas, from supervised release to sentencing and legal interpretations.
Enhancements for Fentanyl Misrepresentations
Fentanyl deaths have been rampant in the country, and often occur when the user of a substance doesn’t realize that the pill they are taking contains fentanyl. Defendants were formerly able to get around federal enhancement rules by claiming that even though they did not know that the substance they were selling as, say, cocaine, contained fentanyl. Their claims of “I had no idea” were helpful in avoiding certain enhancements unless the prosecutor could show that there was willful blindness associated with the claim. That standard has been changed to require a defendant to display reckless disregard, which will be less difficult to demonstrate.
Machine Gun Definitions Aligned
Semiautomatic guns can be transformed into completely automatic weapons using machine gun conversion devices (MCDs). These kits, often called auto sears or Glock switches, have been defined differently in the Gun Control Act and the National Firearms Act, which has led to some confusion and varying applications. The new law clarifies that MCDs are to be treated as machine guns, bringing about a more unified approach to potential enhancements.
Enhancements for Restraining Victims
There have been differing interpretations among circuit courts as to what constitutes restraining a victim during the commission of a crime. New rules tapered the definition of restraint to mean only the physical restriction of a person by tying them up or through similar physical means. Courts will no longer interpret the restricted movement of a victim through intimidation with a gun or other weapon as a possible enhancement for sentencing, which will decrease the ability of prosecutors to add time to charges when actual physical restraints were not used.
Supervised Release
New rules focused on reducing supervision for people who may not require it following a period of incarceration are on the books. Personalized sentencing determinations within guidelines are intended to provide options to assist with rehabilitation efforts, rather than simply serving as an extension of punishment. The latest requirements call for the following:
- Contemplating the circumstances of the crime, along with the characteristics and history of the defendant in question;
- Ensuring that sentences are proportionate to the seriousness of the crime and are geared toward public protection, criminal deterrence, and providing the education and medical care necessary for success;
- Making an effort to reduce sentencing disparities;
- Meeting victim compensation needs following a conviction.
Retroactivity
Since some of these changes will reduce sentences, the Commission is required to determine whether the changes will apply retroactively to people who are currently incarcerated.
Defending Against Federal Charges
If you are looking at the possibility of federal prison time due to federal charges, the experienced criminal defense attorneys at Boertje & Associates are here to help. Schedule a confidential consultation in our San Diego office today.