A frequently cited fundamental principle of federal sentencing is that courts must consider both the offense and the offender when imposing judgment. Section 18 U.S.C. §3553(a) directs sentencing courts to consider “the nature and circumstances of the offense and the history and characteristics of the defendant.”
Per Pepper v. United States, 562 U.S. 476, 487–88 (2011) the High Court opined that under §3553(a), courts are required to consider “the history and characteristics of the defendant” to ensure that the sentence imposed “fit[s] the offender and not merely the crime.” Under the Federal Guidelines (hereinafter, “guidelines”) the special skill adjustment provides for a two-level increase if the defendant abused a position of public or private trust, or used a special skill, in a manner that significantly facilitated the commission or concealment of the offense. U.S. Sentencing Guidelines Manual §3B1.3 (U.S.S.G. §3B1.3); United States v. Lee, 296 F.3d 792, 793 (9th Cir. 2002).
