Navigating Sentencing: Key Factors and Considerations

On April 9, 2025, the San Diego Federal Bar Association hosted a webinar titled, "Navigating Sentencing: Key Factors and Considerations," with nearly 70 guests in attendance. The program featured the Honorable James E. Simmons, Jr., U.S. District Judge for the Southern District of California; Matthew Sutton, U.S. Attorney's Office; and Rachel Eaton, Federal Defenders of San Diego, Inc. The Chapter's Vice President of Criminal Legal Education, Michelle Camacho, moderated the discussion.

The panelists discussed various aspects of sentencing, including Judge Simmons's preferences, sentencing briefs, minor role, safety valve, and substantial assistance. Among other insights, Judge Simmons shared how he thoughtfully prepares for his sentencing hearings—reading all of the papers and having a tentative ruling a couple days before the hearing, letting it "sit" for a day, and being open to change his mind at the time of sentencing. Judge Simmons also conveyed how his prior experience as a District Attorney informs his understanding of the parties' briefs, especially when considering the usefulness of a defendant's information for a substantial assistance analysis,

AUSA Sutton spoke on the difference between safety valve and substantial assistance, highlighting that safety valve is all about the defendant, whereas substantial assistance is more about other people. He also encouraged the defense bar to reach out to the AUSAs early and often because the government's perspective may help the defense improve their position in sentencing. FD Eaton relayed the value of telling the individual's story and clearly delineating in briefs how the sentencing factors should be weighed and applied in a given case. She also emphasized the importance of building the client's trust and ensuring any sensitive material that the client relays is treated with the utmost care.

A recording of the webinar is available on our MCLE On Demand Page. And the written materials are available here.

The San Diego FBA thanks the panelists for volunteering their time and sharing their expertise with the community. Special thanks to Vice President of Criminal Legal Education Michelle Camacho for moderating and organizing this event, and the dedicated members of the Legal Education Committee—Arshi Baig, Carmen Rivera, Carson Baucher, and Dacely Garcia—for their invaluable programming support. Last but not least, thank you to the San Diego County Bar Association Criminal Law Section for co-sponsoring this event.