Every entry below is the federal meaning of the word, cited to the Federal Rules of Criminal Procedure, Title 18, the 2025 Guidelines Manual, or a decided case — and each one says at what stage of a federal case you actually meet the term. That matters because most of these words also exist in state court, in ordinary speech, and in television, where they mean something else. A defendant who assumes the state meaning applies in federal court will be wrong about bail, wrong about parole, and wrong about who decides where the sentence is served.
The eleven terms people get wrong most often
These are the words that cause the most damage when they carry a state-court or television meaning into a federal case. Each row states the federal rule, names what it gets confused with, and points to the stage where it comes up. Every value is drawn from the provision cited in the corresponding entry below.
| Term | What it means in a federal case | What people confuse it with | Where it comes up |
|---|---|---|---|
| Bail | Conditions of release under 18 U.S.C. § 3142. The default is personal recognizance or an unsecured appearance bond; if that will not do, the court imposes the least restrictive conditions that will reasonably assure appearance and safety. | A dollar amount from a bail schedule, posted through a bondsman. Neither exists in federal court, and the statute forbids a financial condition that results in detention. | Initial appearance and detention hearing — pretrial |
| Parole | Abolished for federal offenses committed on or after 1 November 1987. What replaced it: a determinate sentence, supervised release, good conduct time, and First Step Act earned time credits. | State parole, and “serve a third and go before the board.” No board reviews a modern federal sentence for release. | Sentencing and after — after sentencing |
| Good conduct time | Up to 54 days for each year of the sentence imposed by the court, subject to a Bureau of Prisons determination of exemplary compliance with disciplinary regulations, 18 U.S.C. § 3624(b)(1). It shortens the term. | First Step Act earned time credits — a different statute, a different rate, and a different effect. Also the pre-2019 arithmetic (“about 47 days”), which is repealed. | In custody — good conduct time |
| First Step Act earned time credits | 10 days for every 30 days of successful programming, plus 5 more per 30 for a prisoner the Bureau assesses at minimum or low risk across two consecutive assessments, 18 U.S.C. § 3632(d)(4). They are applied toward prerelease custody or supervised release. | Good conduct time. Credits do not shorten the sentence; they move the release point. | In custody — First Step Act time credits |
| Probation | A sentence in its own right, 18 U.S.C. § 3561 — one to five years for a felony, and unavailable for a Class A or B felony or where the court also imposes imprisonment for a non-petty offense. | Supervised release, which is served after a prison term rather than instead of one. | Sentencing — sentencing basics |
| Supervised release | A term served after imprisonment, 18 U.S.C. § 3583 — up to five years for a Class A or B felony, three for a Class C or D, one for a Class E or a misdemeanor. Revocation runs on a preponderance standard. | Probation, and parole. It is neither: it is added to the prison term, not carved out of it. | After release — supervised release basics |
| Jail / prison / detention facility | A federal pretrial detainee is usually held in a state or local jail or a private facility under contract with the U.S. Marshals Service, 18 U.S.C. § 4013 — not in a Bureau of Prisons institution. BOP designation happens after sentencing. | The assumption that “federal custody” means a federal prison from day one. | Arrest through designation — federal vs. state |
| Departure vs. variance | A variance is a sentence outside the range based on the 18 U.S.C. § 3553(a) factors. A departure is a Guidelines-internal move — and as of 1 November 2025 the 2025 Manual retains only USSG §5K1.1 (substantial assistance) after Amendment 836 deleted the rest. | Each other. Older sources treat departures as a separate second step of the calculation; the 2025 Manual has two steps, not three. | Sentencing — Amendment 836 |
| Information vs. indictment | An indictment is voted by a grand jury and is required for any offense punishable by death or by more than one year, Fed. R. Crim. P. 7(a). An information is filed by the prosecutor; a felony may proceed that way only if the defendant waives indictment in open court. | Interchangeable charging papers. An information on a felony means the defendant gave something up in open court, usually as part of a negotiated plea. | Charging — investigation |
| Target / subject / witness | Justice Manual designations, not law. A target is someone the prosecutor treats as a putative defendant on substantial evidence; a subject is someone whose conduct is within the grand jury’s investigation, JM 9-11.151. | Legal status. These are internal Department of Justice labels; they confer no rights and can change without notice. | Pre-charge — target letter |
| Rule 11(c)(1)(B) vs. (c)(1)(C) | A (B) agreement is a recommendation and expressly “does not bind the court.” A (C) agreement fixes a sentence or range and “binds the court once the court accepts the plea agreement,” Fed. R. Crim. P. 11(c)(1). | The belief that any signed plea agreement sets the sentence. Most do not. | Plea — plea agreements |
On this page
A
Acceptance of responsibility
A two-level reduction in the offense level for a defendant who “clearly demonstrates acceptance of responsibility for his offense,” USSG §3E1.1(a) (2025 Manual). A third level requires three separate things: the two-level reduction must apply, the offense level before that reduction must be 16 or greater, and the government must move for it on the ground that the defendant timely notified authorities of an intention to plead guilty. The 2025 commentary expressly says that pretrial litigation — charging-document motions, discovery motions, suppression motions — is ordinarily not “preparing for trial,” so filing a suppression motion does not by itself cost the third level. When you meet it: step 5 of the Guidelines calculation, applied in the presentence report and argued at sentencing. See acceptance of responsibility.
Acquittal
A finding of not guilty. It ends the prosecution on that count permanently. A court must enter a judgment of acquittal on the defendant’s motion “of any offense for which the evidence is insufficient to sustain a conviction,” Fed. R. Crim. P. 29(a), and the motion may be made or renewed within 14 days after a guilty verdict or the discharge of the jury, whichever is later. An acquittal is not the same as a dismissal, which the government may seek with leave of court under Fed. R. Crim. P. 48(a), and neither is a declination. When you meet it: at the close of the government’s case, at the close of all evidence, and again after verdict — trial.
Acquitted conduct
Conduct a defendant was criminally charged with and acquitted of in federal court. Since 1 November 2024 it is excluded from relevant conduct: “Relevant conduct does not include conduct for which the defendant was criminally charged and acquitted in federal court, unless such conduct also establishes, in whole or in part, the instant offense of conviction,” USSG §1B1.3(c) (2025 Manual), added by Amendment 826. This reversed decades of practice under which a sentencing court could raise a Guidelines range using conduct a jury had rejected. Any source written before November 2024 states the old rule. When you meet it: Guidelines calculation in the presentence report.
Allocution
The defendant’s own opportunity to speak before sentence is imposed. The court must “address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence,” Fed. R. Crim. P. 32(i)(4)(A). Counsel’s argument is listed separately and is not a substitute — the rule requires both, plus an equivalent opportunity for the government. When you meet it: the sentencing hearing itself. See the federal sentencing hearing.
Arraignment
The hearing at which the defendant is formally called to answer the charge. It must be held in open court and consists of three things: making sure the defendant has a copy of the indictment or information, reading it or stating the substance of the charge, “and then asking the defendant to plead,” Fed. R. Crim. P. 10(a). The rule sets no deadline. Video teleconferencing may be used if the defendant consents. When you meet it: after the charge is filed — pretrial.
B
Bail
In federal court “bail” is a misleading word: what the court actually sets is conditions of release. The Bail Reform Act directs release on personal recognizance or an unsecured appearance bond unless that will not reasonably assure appearance or will endanger others, and if it will not, the judicial officer must impose “the least restrictive further condition, or combination of conditions” that will, 18 U.S.C. § 3142(b), (c). There is no federal bail schedule — no table of dollar amounts by charge — and as a practical matter no commercial bondsman. The statute is explicit that “[t]he judicial officer may not impose a financial condition that results in the pretrial detention of the person.” Money enters only as one listed condition: an agreement to forfeit property, including money, on failure to appear, with proof of ownership and an available inquiry into the source of the funds. When you meet it: the initial appearance — pretrial.
Bill of particulars
A defense motion asking the court to require the government to specify what an indictment leaves vague. It is one of the defects-in-the-charging-document challenges that Fed. R. Crim. P. 12(b)(3)(B) requires be raised by pretrial motion where the basis is reasonably available. It is not discovery and does not force disclosure of the government’s evidence. When you meet it: the pretrial motions deadline the judge sets — pretrial.
Bond (appearance bond)
The written undertaking a released defendant signs. An unsecured appearance bond — a promise to pay a stated amount if the defendant fails to appear, with nothing pledged up front — is one of the two default forms of release under 18 U.S.C. § 3142(b). A secured bond, backed by property of sufficient unencumbered value, is a discretionary condition under § 3142(c)(1)(B)(xi), and the court may inquire into the source of the property. Failing to appear is a separate federal offense. When you meet it: at release — see failure to appear.
Brady material
Evidence favorable to the accused that the government must disclose. Brady v. Maryland, 373 U.S. 83 (1963), holds that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution” (opinion). Impeachment evidence is covered by Giglio. Brady is a constitutional duty and is separate from Rule 16 discovery and from Jencks material. When you meet it: throughout the case — trial, and later as a Brady violation claim.
C
Case-in-chief
The evidence a party presents to prove its own case, as opposed to rebuttal. The phrase carries weight in federal discovery: the government must disclose documents and objects it “intends to use … in its case-in-chief at trial,” and the same trigger applies to test and examination results, Fed. R. Crim. P. 16(a)(1). A motion for judgment of acquittal is made “[a]fter the government closes its evidence.” When you meet it: trial — trial.
Certificate of appealability
Permission to appeal the denial of a § 2255 motion. Without one from a circuit justice or judge, no appeal may be taken from the final order in a § 2255 proceeding, and it “may issue … only if the applicant has made a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c). The certificate must name the specific issue or issues that satisfy that showing. When you meet it: after a § 2255 denial — see certificate of appealability.
Challenge for cause
An objection that a particular prospective juror cannot serve impartially, decided by the judge. Note what the rules do and do not do: Fed. R. Crim. P. 24 fixes the number of peremptory challenges precisely and sets no number for challenges for cause. Rule 24(a) leaves questioning to the court’s discretion — the judge may examine prospective jurors personally, and if it does, it must let counsel ask further questions it considers proper or submit questions for the court to ask. When you meet it: jury selection — trial.
Charging document
The paper that starts a federal prosecution: a complaint, an indictment, or an information. Which one appears, and when, tells you a great deal about the posture of a case — a felony information almost always means a negotiated resolution, because Fed. R. Crim. P. 7(b) permits it only where the defendant waives indictment in open court after being advised of the charge and of his rights. When you meet it: charging — investigation.
Complaint
“[A] written statement of the essential facts constituting the offense charged,” made under oath before a magistrate judge, Fed. R. Crim. P. 3. A complaint supports an arrest and an initial appearance but cannot take a felony to trial; the Speedy Trial Act still requires an information or indictment within 30 days of arrest, 18 U.S.C. § 3161(b). When you meet it: arrest — investigation.
Concurrent and consecutive
Whether multiple prison terms run at the same time or end to end. The default depends entirely on when the sentences were imposed: terms imposed at the same time “run concurrently unless the court orders or the statute mandates that the terms are to run consecutively,” while terms imposed at different times “run consecutively unless the court orders that the terms are to run concurrently,” 18 U.S.C. § 3584(a). The court weighs the § 3553(a) factors for each offense in choosing, and consecutive terms may not be imposed for an attempt and the offense that was the sole objective of the attempt. Multiple terms are treated for administrative purposes as a single aggregate term. When you meet it: sentencing, and again in sentence computation — after sentencing.
Conditional plea
A guilty plea that preserves a specified pretrial issue for appeal. It takes three things — a writing, the court’s consent, and the government’s consent: “With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion,” Fed. R. Crim. P. 11(a)(2). A defendant cannot preserve a suppression ruling unilaterally by announcing it at the plea. When you meet it: the plea hearing — plea agreements.
Criminal history category
The horizontal axis of the Sentencing Table, I through VI, set by total criminal history points: I (0 or 1) · II (2 or 3) · III (4–6) · IV (7–9) · V (10–12) · VI (13 or more), USSG Ch. 5, Pt. A (2025 Manual). The points themselves come from USSG §4A1.1: 3 points for each prior sentence of imprisonment exceeding one year and one month, 2 for each of at least sixty days, 1 for each other prior sentence up to 4 points, and 1 status point where the defendant already has 7 or more points and committed the offense while under a criminal justice sentence. When you meet it: step 6 of the calculation — sentencing basics.
Criminal Justice Act counsel
Appointed defense counsel. Each district must operate a plan “for furnishing representation for any person financially unable to obtain adequate representation,” and representation is mandatory for a financially eligible person charged with a felony or Class A misdemeanor, 18 U.S.C. § 3006A. Counsel comes either from a Federal Public Defender or Community Defender organization or from a court-approved panel of private lawyers; the statute requires that “[p]rivate attorneys shall be appointed in a substantial proportion of the cases.” For a § 2241, § 2254 or § 2255 proceeding, appointment is discretionary — “whenever … the interests of justice so require.” When you meet it: the initial appearance — pretrial.
D
Declination
A decision not to prosecute. Under the Principles of Federal Prosecution — Department of Justice policy, not law, and not enforceable by a defendant — a prosecutor should commence prosecution where the conduct is a federal offense and the admissible evidence will probably be sufficient to obtain and sustain a conviction, “unless (1) the prosecution would serve no substantial federal interest; (2) the person is subject to effective prosecution in another jurisdiction; or (3) there exists an adequate non-criminal alternative to prosecution,” JM 9-27.220. A declination is not an acquittal and not a dismissal; nothing has been adjudicated, and the statute of limitations continues to run rather than being extinguished. When you meet it: pre-charge — investigation.
Departure
A move away from the guideline range authorized by the Guidelines Manual itself, as distinct from a variance under § 3553(a). In the operative 2025 Manual this category has been reduced almost to a single provision. Effective 1 November 2025, Amendment 836 deleted §§5K2.0–5K2.24 (other grounds for departure), §§5H1.1–5H1.12 (specific offender characteristics) and §4A1.3 (departures based on inadequacy of criminal history category), and re-headed Chapter 5, Part K as “Assistance to Authorities.” What remains there is USSG §5K1.1, substantial assistance on the government’s motion, and §5K1.2. The Commission’s stated reason was to reduce the three-step application process to two steps and to “acknowledge the growing shift away from the use of departures.” Which Manual applies is set by USSG §1B1.11: the edition in effect at sentencing, applied in its entirety, unless that would violate the Ex Post Facto Clause. When you meet it: sentencing — see Amendment 836 and the removal of departures.
Designation
The Bureau of Prisons’ decision about which institution a sentenced person goes to. “The Bureau of Prisons shall designate the place of the prisoner’s imprisonment,” subject to bed availability, security designation, programmatic needs, medical and mental-health needs, faith-based requests, the sentencing court’s recommendations and the Bureau’s security concerns, and must place the person “as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence,” 18 U.S.C. § 3621(b). The judge does not choose the prison. A court may recommend and the Bureau must consider the recommendation, but a designation “is not reviewable by any court.” When you meet it: after sentencing — designation and security designation and custody classification.
Detainer
A notice lodged with the institution holding a prisoner, telling it that another jurisdiction wants the person on an untried charge. Under the Interstate Agreement on Detainers, the official having custody “shall promptly inform him of the source and contents of any detainer lodged against him” and of his right to request final disposition; once the prisoner delivers that written request to the prosecutor and court, he “shall be brought to trial within one hundred and eighty days,” and where the receiving jurisdiction initiates the transfer, trial must begin within 120 days of arrival. If the prisoner is returned before trial, the charge “shall not be of any further force or effect” and must be dismissed with prejudice. On the federal side, 18 U.S.C. § 3161(j) obliges the prosecutor to seek the prisoner’s presence for trial or lodge a detainer advising him of his right to demand trial. When you meet it: in custody, when another case is pending — detainers and the Interstate Agreement.
Detention hearing
The hearing at which the court decides whether any conditions will assure appearance and community safety. It is held on the government’s motion in the categories listed at 18 U.S.C. § 3142(f)(1), or on the government’s or the court’s own motion where there is a serious risk of flight or of obstruction or witness tampering. It takes place at the first appearance unless continued — the defense may have up to five days and the government up to three, excluding intermediate weekends and legal holidays, absent good cause. Detention follows only if the judicial officer finds no condition or combination of conditions will reasonably assure appearance and safety, and a finding as to danger must rest on clear and convincing evidence. When you meet it: the first appearance — pretrial.
Discovery
What the government must turn over. On request it must disclose the defendant’s own statements and grand jury testimony, his prior criminal record, documents and objects material to the defense or that it will use in its case-in-chief or that were obtained from him, the results of examinations and scientific tests meeting the same conditions, and a written statement of its expert testimony, Fed. R. Crim. P. 16(a)(1). What it does not reach is as important: Rule 16(a)(2) excludes internal government work product and witness statements “except as provided in 18 U.S.C. § 3500.” There is no federal criminal deposition practice and no pretrial witness list as of right. The expert provisions were rewritten effective 1 December 2022 and now require a complete statement of opinions, the bases and reasons, a ten-year publication list and a four-year testimony list. When you meet it: after arraignment — pretrial.
Dismissal
Termination of a charge without a verdict. The government “may, with leave of court, dismiss an indictment, information, or complaint,” and may not dismiss during trial without the defendant’s consent, Fed. R. Crim. P. 48(a). The court may dismiss for unnecessary delay in presenting a charge to a grand jury, filing an information, or bringing a defendant to trial. Rule 48 does not say whether a dismissal is with or without prejudice — that question is decided elsewhere, and a dismissal without prejudice leaves the government free to recharge within the limitations period. When you meet it: any point before verdict — trial.
E–F
En banc
Rehearing by the full court of appeals rather than the usual three-judge panel — and the rule that governs it moved recently. The 2024 amendments transferred Federal Rule of Appellate Procedure 35 into Rule 40, so that panel rehearing and en banc determination are now addressed together in Fed. R. App. P. 40; a source citing “FRAP 35” for en banc review is citing a rule that has been consolidated away. Rule 40 is blunt about the odds: “Panel rehearing is the ordinary means of reconsidering a panel decision; rehearing en banc is not favored,” and it “ordinarily will be allowed only if” the panel decision conflicts with a decision of the same court, of the Supreme Court, or of another court of appeals, or the case “involves one or more questions of exceptional importance.” In a criminal case the petition is due within 14 days after judgment is entered, unless a court order or local rule shortens or extends it; the 45-day period applies only to certain civil cases involving the United States. When you meet it: after a panel loss — see rehearing and en banc.
Felony and misdemeanor classes
Federal offenses carry letter grades that drive probation eligibility, supervised-release maxima and special assessments. Where the defining statute does not assign one, 18 U.S.C. § 3559(a) assigns it by maximum authorized term: life or death, Class A felony; 25 years or more, Class B; less than 25 but 10 or more, Class C; less than 10 but 5 or more, Class D; less than 5 but more than 1 year, Class E. One year or less but more than six months is a Class A misdemeanor; six months or less but more than thirty days a Class B; thirty days or less but more than five a Class C; five days or less, or no imprisonment authorized, an infraction. Classification carries “all the incidents assigned to the applicable letter designation,” except that the maximum term remains the one in the offense statute. When you meet it: charging and sentencing — federal offenses and charges.
First Step Act earned time credits
Credits earned in custody for programming, under a different statute from good conduct time and doing a different job. A prisoner who is not statutorily ineligible and who successfully completes evidence-based recidivism reduction programming or productive activities “shall earn 10 days of time credits for every 30 days of successful participation,” plus “an additional 5 days … for every 30 days” where the Bureau has assessed him at minimum or low risk and he has not increased his risk across two consecutive assessments, 18 U.S.C. § 3632(d)(4). The credits are “applied toward time in prerelease custody or supervised release” — they move the release point rather than shortening the sentence. The ineligibility list runs to dozens of statutory provisions, and earning credits is not the same as having them applied: 18 U.S.C. § 3624(g) adds its own conditions. When you meet it: in custody — First Step Act time credits and the First Step Act.
Forfeiture
The government’s claim on property connected to the offense, imposed as part of the sentence. No forfeiture judgment may be entered “unless the indictment or information contains notice to the defendant that the government will seek the forfeiture of property as part of any sentence,” Fed. R. Crim. P. 32.2(a) — general notice suffices, and it is not pleaded as a separate count. As soon as practical after a verdict or an accepted plea, the court determines what property is forfeitable and enters a preliminary order, without regard to any third party’s interest; third-party claims are heard later in an ancillary proceeding. The preliminary order becomes final as to the defendant at sentencing. Forfeiture is separate from restitution and from a fine. When you meet it: charging through sentencing — see asset forfeiture.
G
Giglio material
Evidence bearing on a government witness’s credibility, including the terms of a cooperation deal. Giglio v. United States, 405 U.S. 150 (1972), holds that when the “reliability of a given witness may well be determinative of guilt or innocence,” non-disclosure of evidence affecting credibility falls within the Brady rule, and that “[t]he prosecutor’s office is an entity and as such it is the spokesman for the Government. A promise made by one attorney must be attributed, for these purposes, to the Government” (opinion). “The prosecutor did not know” is therefore not an answer. When you meet it: before and during trial — trial.
Good conduct time
Credit against a federal sentence for institutional compliance. A prisoner serving more than one year, other than life, “may receive credit toward the service of the prisoner’s sentence of up to 54 days for each year of the prisoner’s sentence imposed by the court, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations,” 18 U.S.C. § 3624(b)(1). Two words in that sentence do the work. “Imposed by the court” replaced the pre-2019 formula, which computed 54 days against time served and produced roughly 47 days a year; any source describing “about 47 days” or “you serve 87 percent” is stating repealed law. “May receive” means it is a Bureau determination, not an entitlement. When you meet it: in custody — good conduct time.
Grand jury
The body that decides whether to indict. It has 16 to 23 members and “may indict only if at least 12 jurors concur,” Fed. R. Crim. P. 6(a)(1), 6(f). The rule does not use the word “quorum” and states no minimum number who must be present. Secrecy binds grand jurors, interpreters, court reporters, recording-device operators, transcribers, government attorneys and certain persons receiving disclosures — and not the witness. A grand jury witness may tell anyone what he was asked, including his own lawyer; “[n]o obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).” When you meet it: pre-charge — investigation and grand jury subpoena.
Grouping
The step that combines multiple counts into a single offense level rather than adding them. It is step 4 of the Guidelines calculation: repeat the Chapter Two and Three steps for each count, then “[a]pply Part D of Chapter Three to group the various counts and adjust the offense level accordingly,” USSG §1B1.1(a)(4) (2025 Manual). It is why a twelve-count fraud indictment does not produce twelve stacked sentences. When you meet it: the Guidelines calculation — sentencing basics.
H
Habeas corpus
The writ testing the legality of custody. Under 28 U.S.C. § 2241 it may be granted by the Supreme Court, any Justice, the district courts and any circuit judge within their respective jurisdictions, and extends to a prisoner who is “in custody under or by color of the authority of the United States,” or “in custody in violation of the Constitution or laws or treaties of the United States,” among other categories. For a federal prisoner attacking the sentence itself, the vehicle is a § 2255 motion in the sentencing court; § 2241 is generally the route for challenges to the execution of a sentence — computation, credit, disciplinary sanctions — filed where the person is confined. When you meet it: in custody — habeas corpus defined and § 2241 petitions.
Halfway house (residential reentry center)
Community placement at the end of a sentence. The Bureau “shall, to the extent practicable, ensure that a prisoner … spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for … reentry,” and those conditions “may include a community correctional facility,” 18 U.S.C. § 3624(c)(1). Twelve months is a ceiling, doubly qualified — “to the extent practicable” and “a portion of.” It is not an entitlement and no one can be told in advance what they will receive. Prerelease custody reached through First Step Act credits under § 3624(g) is a separate pathway and is not capped by the § 3624(c) figures. When you meet it: the last stretch of a sentence — halfway houses.
Harmless error
An error the appellate court must disregard. “Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded,” Fed. R. Crim. P. 52(a). It is the reason a preserved objection does not automatically produce a reversal, and the counterpart to plain error, which governs unpreserved claims. When you meet it: on appeal — standards of review.
Home confinement
Serving part of the end of a sentence at a residence. Under 18 U.S.C. § 3624(c)(2) the prerelease authority “may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months.” Like halfway-house placement it is a Bureau decision and a maximum rather than a promise. When you meet it: the last stretch of a sentence — home confinement.
I
Indictment
The grand jury’s charging document. “An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable: (A) by death; or (B) by imprisonment for more than one year,” Fed. R. Crim. P. 7(a). The trigger is the statutory maximum, not the sentence anyone expects. An indictment must issue within 30 days of arrest on the charge, plus a further 30 days if no grand jury sat in the district during that period, 18 U.S.C. § 3161(b). When you meet it: charging — federal indictment.
Ineffective assistance of counsel
A Sixth Amendment claim about the lawyer’s performance. It normally belongs in a § 2255 motion rather than on direct appeal, because the facts that prove it are usually outside the trial record. Two decisions define its reach at the plea stage: Missouri v. Frye, 566 U.S. 134 (2012), holds that “defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused” (opinion); Lafler v. Cooper, 566 U.S. 156 (2012), holds that the right extends to advice about whether to accept an offer, with a four-part prejudice test and a discretionary remedy (opinion). When you meet it: after conviction — ineffective assistance of counsel.
Information
A charging document filed by the prosecutor without a grand jury. A felony may proceed by information only where “the defendant—in open court and after being advised of the nature of the charge and of the defendant’s rights—waives prosecution by indictment,” Fed. R. Crim. P. 7(b). In practice a felony information is the ordinary route into a negotiated pre-indictment plea, so its appearance on a docket is informative. When you meet it: charging — plea agreements.
Initial appearance
The first hearing after arrest. A person arrested inside the United States “must [be taken] without unnecessary delay before a magistrate judge,” Fed. R. Crim. P. 5(a)(1)(A) — the rule fixes no number of hours, and figures like 48 or 72 hours come from elsewhere. In a felony case the judge must inform the defendant of the complaint and any supporting affidavit, the right to retained or appointed counsel, the circumstances if any for pretrial release, any right to a preliminary hearing, and the right to remain silent, and must allow a reasonable opportunity to consult counsel. Release or detention is decided here, not at some separate later stage. When you meet it: immediately after arrest — pretrial.
J
Jail, prison, and detention facility
Three different places, and the distinction matters from the day of arrest. A federal pretrial detainee is normally not in a Bureau of Prisons institution at all: the Attorney General is authorized to pay for “the housing, care, and security of persons held in custody of a United States marshal pursuant to Federal law under agreements with State or local units of government or contracts with private entities,” 18 U.S.C. § 4013(a)(3). So the “federal jail” a family is trying to visit is very often a county jail or a private facility under a Marshals contract, with local rules on visiting, mail and telephones. A federal prison — the Bureau’s own institution — enters the picture only after sentencing, when the Bureau designates a facility under § 3621(b). When you meet it: arrest through designation — federal vs. state and security levels.
Jencks material
Prior statements of a government witness, produced after the witness testifies. “[N]o statement or report in the possession of the United States which was made by a Government witness or prospective Government witness (other than the defendant) shall be the subject of subpena, discovery, or inspection until said witness has testified on direct examination,” 18 U.S.C. § 3500(a). After direct, the court must on the defendant’s motion order production of statements relating to the subject matter of the testimony. Fed. R. Crim. P. 26.2 makes the obligation reciprocal, defines “statement,” and extends it to suppression hearings, preliminary hearings, sentencing, revocation hearings, detention hearings and § 2255 proceedings. Many prosecutors produce it early by practice — but the statute entitles a defendant to nothing before direct examination. When you meet it: trial — Jencks Act witness statements.
Judgment
The document that ends the district court case. “In the judgment of conviction, the court must set forth the plea, the jury verdict or the court’s findings, the adjudication, and the sentence,” and “[t]he judge must sign the judgment, and the clerk must enter it,” Fed. R. Crim. P. 32(k). Entry of the judgment, not the sentencing hearing, starts the 14-day appeal clock. When you meet it: days after sentencing — after sentencing.
Judgment of acquittal (Rule 29)
A ruling that the evidence is legally insufficient. “After the government closes its evidence or after the close of all the evidence, the court on the defendant’s motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction,” Fed. R. Crim. P. 29(a). The motion may be made or renewed within 14 days after a guilty verdict or the discharge of the jury, whichever is later, and a defendant need not have moved before the case went to the jury in order to move afterwards. When you meet it: mid-trial and post-verdict — trial.
Jury
A federal criminal jury is 12 people, and the verdict “must be unanimous,” Fed. R. Crim. P. 23(b) and Rule 31(a). Six-person criminal juries and non-unanimous verdicts are state phenomena. The parties may stipulate in writing, with the court’s approval, to fewer than 12, and after deliberations begin the court may permit 11 to return a verdict on a finding of good cause to excuse a juror. A defendant cannot elect a bench trial unilaterally: waiver requires a writing, the government’s consent, and the court’s approval. When you meet it: trial — trial.
M
Magistrate judge
The judicial officer who handles the front end of a federal criminal case: the complaint and warrant, the initial appearance, appointment of counsel, release and detention, the preliminary hearing, and often pretrial motions on referral. Fed. R. Crim. P. 5 and Rule 5.1 assign these functions by name. A district judge presides at felony trial and sentencing. When you meet it: the first day — pretrial.
Mandatory minimum
A floor set by the offense statute rather than by the Guidelines. It overrides a lower guideline range, and only two routes go below it: a government motion for substantial assistance under 18 U.S.C. § 3553(e), which gives the court “authority to impose a sentence below a level established by statute as a minimum sentence”; and the safety valve at § 3553(f), applied through USSG §5C1.2. A Rule 35(b) reduction after sentencing may also go below a statutory minimum, again only on the government’s motion. When you meet it: charging and sentencing — mandatory minimum sentences.
Motion in limine
A motion asking the court to rule on the admissibility of evidence before it is offered in front of the jury. No Federal Rule of Criminal Procedure carries that name; the mechanism lives in the evidence rules. Fed. R. Evid. 103(b) provides that “[o]nce the court rules definitively on the record—either before or at trial—a party need not renew an objection or offer of proof to preserve a claim of error for appeal,” and the Advisory Committee note confirms the rule “applies to all rulings on evidence whether they occur at or before trial, including so-called ‘in limine’ rulings.” The practical corollary is a trap: if the ruling was not definitive, or the facts change materially, the objection must be renewed when the evidence is offered. When you meet it: the run-up to trial — preserving error for appeal.
Motion to suppress
A motion to exclude evidence obtained in violation of the Constitution. It is one of the five categories that “must be raised by pretrial motion if the basis for the motion is then reasonably available and the motion can be determined without a trial on the merits,” Fed. R. Crim. P. 12(b)(3)(C). If the motion is denied, the only way to take the issue to the court of appeals after pleading guilty is a conditional plea under Rule 11(a)(2), which requires the government’s consent. When you meet it: before trial — trial.
N–O
Nolo contendere
A plea of no contest. It is treated as a conviction for sentencing purposes, but note one drafting detail with real consequences: the factual-basis requirement in Fed. R. Crim. P. 11(b)(3) attaches to a guilty plea — “[b]efore entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.” A nolo plea, and a later-withdrawn guilty plea, are inadmissible against the defendant who made them under Fed. R. Evid. 410. When you meet it: the plea hearing — plea agreements.
Notice of appeal
The one-page filing that preserves the right to appeal, and the most consequential deadline in a federal criminal case. A defendant’s notice “must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government’s notice of appeal,” Fed. R. App. P. 4(b)(1)(A). Three errors recur: it is 14 days, not 30 (30 days is the government’s period); it is filed in the district court, not the court of appeals; and the clock runs from entry of judgment, which is normally some days after the sentencing hearing. The district court may extend the time by up to 30 additional days on excusable neglect or good cause — discretionary, and not something to rely on. When you meet it: immediately after judgment — how to appeal a federal conviction.
Obstruction of justice (Guidelines adjustment)
A two-level increase where the defendant “willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction,” and the conduct related to the offense of conviction and relevant conduct or a closely related offense, USSG §3C1.1 (2025 Manual). The commentary limit matters as much: the provision “is not intended to punish a defendant for the exercise of a constitutional right,” and a denial of guilt other than perjury does not trigger it. Testifying and losing is not obstruction; committing perjury is. When you meet it: the Guidelines calculation — perjury.
Offense level
The vertical axis of the Sentencing Table, 1 through 43. It is built in order: the Chapter Two guideline for the offense of conviction, its base level and specific offense characteristics, then Chapter Three adjustments for victim, role and obstruction, then grouping, then acceptance of responsibility, USSG §1B1.1(a) (2025 Manual). A computed level below 1 is treated as 1 and above 43 as 43; level 43 is life in every criminal history category. When you meet it: the presentence report — sentencing basics.
P
Parole
Abolished for federal offenses committed on or after 1 November 1987. The Sentencing Reform Act of 1984 replaced indeterminate sentencing with a determinate sentence plus supervised release; the sentencing provisions took effect on that date and “apply only to offenses committed after the taking effect of this chapter,” 18 U.S.C. § 3551 note. The United States Parole Commission still exists — Congress has repeatedly extended it, most recently through 30 January 2031 — but its jurisdiction reaches people whose offenses predate the change, and D.C. Code offenders, not the ordinary modern federal defendant. Nobody sentenced today “makes parole.” What actually shortens or reshapes the time served is good conduct time, First Step Act credits, and, in narrow circumstances, a court order under 18 U.S.C. § 3582(c). When you meet it: the moment a family member asks when the release date is — getting out.
PATTERN
The Bureau of Prisons’ risk assessment tool, and the gateway to First Step Act credits. The statute does not use the name: 18 U.S.C. § 3632(a) requires the Attorney General to develop a “risk and needs assessment system” that determines each prisoner’s recidivism risk at intake, “classif[ies] each prisoner as having minimum, low, medium, or high risk for recidivism,” assigns programming to criminogenic needs, reassesses periodically on dynamic factors, and determines when a prisoner is ready for prerelease custody or supervised release. PATTERN is the Department of Justice’s implementation of that system, so its scoring can change without a change in the statute. When you meet it: intake and every reassessment — PATTERN risk score.
Peremptory challenge
A strike of a prospective juror without stating a reason. The numbers are asymmetric and the defense figure is joint: in a felony case “[t]he government has 6 peremptory challenges and the defendant or defendants jointly have 10,” Fed. R. Crim. P. 24(b). Each side has 20 where the government seeks death and 3 in a misdemeanor case. Up to 6 alternates may be impaneled, with 1, 2 or 3 extra peremptories depending on the number, usable only against alternates. The discretion is not unlimited: Batson v. Kentucky, 476 U.S. 79 (1986), holds that “the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race” (opinion). When you meet it: jury selection — trial.
Plain error
The standard for a claim nobody objected to below. “A plain error that affects substantial rights may be considered even though it was not brought to the court’s attention,” Fed. R. Crim. P. 52(b). One application is worth knowing: Molina-Martinez v. United States, 578 U.S. 189 (2016), holds that where a defendant is sentenced under an incorrect Guidelines range, “the error itself can, and most often will, be sufficient to show a reasonable probability of a different outcome absent the error” (opinion) — which satisfies one prong of plain-error review in the ordinary case, not the whole test. When you meet it: on appeal — preserving error for appeal.
Plea agreement
A written contract with the United States, and its type determines whether the judge is bound. Under Fed. R. Crim. P. 11(c)(1) the government may agree to (A) not bring or to dismiss other charges; (B) recommend or not oppose a particular sentence or Guidelines application — “such a recommendation or request does not bind the court”; or (C) agree that a specific sentence or range is the appropriate disposition — which “binds the court once the court accepts the plea agreement.” Only (A) and (C) agreements can be accepted, rejected, or deferred until the court has read the presentence report; if the court rejects one it must advise the defendant personally, give an opportunity to withdraw the plea, and warn that the outcome may be less favorable. There is no such step for a (B), which is exactly why a (B) defendant gets no withdrawal right when the judge goes above the recommendation. When you meet it: negotiation and the plea hearing — plea agreements.
Presentence interview
The probation officer’s interview of the defendant for the presentence report. The rule that matters is short: “The probation officer who interviews a defendant as part of a presentence investigation must, on request, give the defendant’s attorney notice and a reasonable opportunity to attend the interview,” Fed. R. Crim. P. 32(c)(2). The right to have counsel present depends on the request being made. When you meet it: weeks after a plea or verdict — presentence report.
Presentence report (PSR)
The document that drives the sentence and then follows the person into prison. It “must identify all applicable guidelines and policy statements,” calculate the offense level and criminal history category, state the resulting range and available sentences, and identify factors relevant to the sentence, along with the defendant’s history and characteristics, victim impact, restitution information and any forfeiture request, Fed. R. Crim. P. 32(d). Three deadlines govern it: disclosure to the parties at least 35 days before sentencing unless the defendant waives it; written objections within 14 days after receiving the report; and the report plus an addendum of unresolved objections to the court at least 7 days before sentencing. All three are defaults — “[t]he court may, for good cause, change any time limits prescribed in this rule.” When you meet it: between plea or verdict and sentencing — PSR objections.
Pretrial motion
A motion that must be filed before trial or is untimely. Five categories are listed in Fed. R. Crim. P. 12(b)(3): defects in instituting the prosecution, defects in the charging document, suppression, severance under Rule 14, and discovery under Rule 16. There is no national deadline. The court may set one “at the arraignment or as soon afterward as practicable,” and “[i]f the court does not set one, the deadline is the start of trial.” A motion filed late “is untimely,” but the court may still consider it on a showing of good cause — the rule no longer says “waived.” When you meet it: after arraignment — pretrial.
Probation
A sentence, not a form of supervision after prison. A defendant may be sentenced to probation “unless— (1) the offense is a Class A or Class B felony and the defendant is an individual; (2) the offense is an offense for which probation has been expressly precluded; or (3) the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense,” 18 U.S.C. § 3561(a). Authorized terms are one to five years for a felony, up to five for a misdemeanor, up to one for an infraction. Under USSG §5B1.1 (2025 Manual) a probation sentence is authorized where the range is in Zone A, or in Zone B with a condition of intermittent confinement, community confinement or home detention. When you meet it: sentencing — sentencing basics.
Proffer
A meeting at which a person under investigation tells the government what he knows, under a written agreement about how the statements may be used. The background rule is Fed. R. Evid. 410: a statement made during plea discussions with an attorney for the prosecuting authority is inadmissible against the defendant if the discussions did not result in a guilty plea or resulted in a later-withdrawn plea. That protection has exceptions — completeness, and a prosecution for perjury or false statement where the statement was made under oath, on the record, with counsel present — and proffer agreements routinely narrow it further by contract. Read the agreement, not the rule. When you meet it: pre-charge and during negotiation — proffer agreements.
R
RDAP
The Bureau’s residential drug abuse program. 18 U.S.C. § 3621(e) defines “residential substance abuse treatment” as “a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population,” and an “eligible prisoner” as one the Bureau determines has a substance abuse problem and who is willing to participate. For a prisoner “convicted of a nonviolent offense,” the period remaining in custody after successful completion “may be reduced by the Bureau of Prisons, but such reduction may not be more than one year.” Every operative word — may, nonviolent, in the judgment of the Director — is discretionary. When you meet it: in custody, and worth raising before self-surrender — RDAP.
Relevant conduct
The single largest driver of a federal sentence, and the reason the Guidelines range often exceeds what the count of conviction alone would suggest. Under USSG §1B1.3(a) (2025 Manual) the base offense level, specific offense characteristics, cross references and Chapter Three adjustments are determined on the basis of all acts and omissions committed, aided or willfully caused by the defendant, and — in a jointly undertaken criminal activity, “whether or not charged as a conspiracy” — all acts of others that were within the scope of that activity, in furtherance of it, and reasonably foreseeable. For grouping-type offenses it reaches acts “part of the same course of conduct or common scheme or plan.” Since 1 November 2024, §1B1.3(c) excludes acquitted conduct. When you meet it: the presentence report — presentence report.
Restitution
Compensation ordered to identified victims. For crimes of violence, offenses against property including fraud or deceit, and several other listed categories where an identifiable victim suffered physical injury or pecuniary loss, restitution is mandatory: “the court shall order … that the defendant make restitution to the victim of the offense,” 18 U.S.C. § 3663A. The amount is set “in the full amount of each victim’s losses as determined by the court and without consideration of the economic circumstances of the defendant,” 18 U.S.C. § 3664(f)(1)(A); the defendant’s finances bear on the payment schedule, not the total. The government bears the burden on loss amount; the defendant bears it on his own financial resources. When you meet it: sentencing, then throughout custody — inmate restitution.
Revocation
The proceeding that can send a person on supervision back to prison. For supervised release, the court may “revoke a term of supervised release, and require the defendant to serve in prison all or part of the term … without credit for time previously served on post-release supervision” if it “finds by a preponderance of the evidence that the defendant violated a condition,” 18 U.S.C. § 3583(e)(3). Revocation imprisonment is capped by the class of the original offense — 5 years for a Class A felony, 3 for a Class B, 2 for a Class C or D, 1 otherwise. Fed. R. Crim. P. 32.1 supplies the procedure and sets no numeric deadlines: appearance “without unnecessary delay,” a “prompt” probable-cause hearing if in custody, and a revocation hearing “within a reasonable time.” When you meet it: on supervision — supervised release basics.
Rule 35(a) and Rule 35(b)
Two different post-sentencing tools that share a rule number. Rule 35(a) gives the court 14 days to “correct a sentence that resulted from arithmetical, technical, or other clear error,” and the rule says in terms that for this purpose “‘sentencing’ means the oral announcement of the sentence,” Fed. R. Crim. P. 35. Rule 35(b) lets the court reduce a sentence for substantial assistance provided after sentencing — on the government’s motion within one year, or later only on the three grounds the rule lists — and a reduction under it may go below a statutory minimum. Rule 35(b) requires a government motion; a defendant cannot bring it. When you meet it: the fortnight after sentencing, and afterwards — Rule 35 motions.
S
Safety valve
A route below a mandatory minimum in certain drug cases that does not require cooperation with the government. Where the criteria in 18 U.S.C. § 3553(f)(1)–(5) are met, “the court shall impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence,” USSG §5C1.2(a) (2025 Manual). The criteria are conjunctive: a limited criminal history measured in Guidelines points, no violence or credible threats and no firearm or dangerous weapon in connection with the offense, no death or serious bodily injury, no organizer or leader role and no continuing criminal enterprise, and truthful disclosure to the government of everything the defendant knows about the offense and related conduct by the time of sentencing. Whether they are met is the court’s finding. When you meet it: sentencing in a drug case — safety valve.
Section 2241 petition
A habeas petition challenging the execution of a sentence rather than its validity — sentence computation, prior-custody credit, the application of time credits, a disciplinary sanction. It is filed where the person is confined, under 28 U.S.C. § 2241, which reaches a person “in custody in violation of the Constitution or laws or treaties of the United States.” When you meet it: in custody — § 2241 petitions.
Section 2255 motion
The federal prisoner’s collateral attack on the conviction or sentence, filed in the sentencing court rather than the court of appeals. It lies where the sentence “was imposed in violation of the Constitution or laws of the United States, or … the court was without jurisdiction to impose such sentence, or … the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack,” 28 U.S.C. § 2255(a). A one-year limitation runs from the latest of four dates in § 2255(f), the usual one being when the conviction becomes final — a phrase the statute does not define. A second or successive motion must first be certified by a panel of the court of appeals on one of two narrow grounds, which is why the first one has to be right. When you meet it: after direct appeal — what is a § 2255 motion.
Section 3553(a) factors
The seven considerations that govern every federal sentence. The court “shall impose a sentence sufficient, but not greater than necessary,” and must consider the nature and circumstances of the offense and the history and characteristics of the defendant; the need for the sentence to reflect seriousness, afford deterrence, protect the public and provide treatment; the kinds of sentences available; the applicable Guidelines range; pertinent policy statements; the need to avoid unwarranted disparities; and the need to provide restitution, 18 U.S.C. § 3553(a). The Guidelines are one factor of seven and are listed fourth. The court must also state its reasons in open court, and where the range exceeds 24 months in width, the reason for the particular point within it. When you meet it: the sentencing hearing — sentencing basics.
Section 3582(c)(1)(A) motion (compassionate release)
The narrow exception to the rule that “[t]he court may not modify a term of imprisonment once it has been imposed.” A court may reduce a sentence on the Bureau’s motion, or on the defendant’s own motion “after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier,” where extraordinary and compelling reasons warrant it, after considering the § 3553(a) factors and consistently with applicable Sentencing Commission policy statements, 18 U.S.C. § 3582(c)(1)(A). When you meet it: in custody — request to the warden and exhaustion.
Self-surrender
Reporting voluntarily to the designated institution instead of being taken into custody at sentencing. It has a statutory footing: a sentence “commences on the date the defendant is received in custody awaiting transportation to, or arrives voluntarily to commence service of sentence at, the official detention facility at which the sentence is to be served,” 18 U.S.C. § 3585(a). Whether a person self-surrenders turns on release pending sentencing under 18 U.S.C. § 3143, where the presumption has flipped: a person awaiting sentence is detained unless the court finds by clear and convincing evidence that he is not likely to flee or endanger anyone. When you meet it: between sentencing and the report date — self-surrender and before you report.
Sentencing Table
The grid that produces the guideline range: 43 offense levels down the vertical axis, six criminal history categories across, each cell a range in months. “‘Life’ means life imprisonment. For example, the guideline range applicable to a defendant with an Offense Level of 15 and a Criminal History Category of III is 24–30 months of imprisonment,” USSG Ch. 5, Pt. A (2025 Manual), commentary note 1. The table carries the legend “November 1, 2016” because the grid itself has not changed since that edition — that is not the operative Manual date. The 2025 Manual is the operative edition. When you meet it: step 7 of the calculation — sentencing basics.
Special assessment
A fixed statutory charge imposed on every count of conviction. For an individual it is $100 per felony count, $25 for a Class A misdemeanor, $10 for a Class B, and $5 for a Class C misdemeanor or infraction, 18 U.S.C. § 3013(a). It is mandatory, it is collected like a fine, and the obligation “ceases five years after the date of the judgment.” The court must tell a pleading defendant about it at the Rule 11 colloquy. When you meet it: sentencing — sentencing basics.
Speedy Trial Act
The statutory clock, in two parts. An information or indictment “shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges,” extended by 30 more if no grand jury sat in the district in that period; and where a not-guilty plea is entered, trial “shall commence within seventy days” of the later of the filing and unsealing of the charge or the defendant’s first appearance before a judicial officer of the trial court, 18 U.S.C. § 3161(b), (c)(1). Trial also may not begin sooner than 30 days after the defendant first appears through counsel, unless he consents in writing. The 70 days are routinely stretched across a year or more, because § 3161(h) excludes many periods — pretrial motions, competency proceedings, ends-of-justice continuances, co-defendant time. When you meet it: arrest through trial — pretrial.
Statute of limitations
The outer limit on charging. The general federal rule for non-capital offenses is five years: “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed,” 18 U.S.C. § 3282(a) — “[e]xcept as otherwise expressly provided by law,” and a good many offenses have their own longer periods. Nothing in the Speedy Trial Act limits how long the government may investigate before arresting; the limitations period is what does that work. When you meet it: pre-charge — investigation.
Statutory maximum
The ceiling set by the offense statute. It matters in three separate places. It determines whether indictment is required at all, since Fed. R. Crim. P. 7(a) turns on whether the offense is “punishable … by imprisonment for more than one year.” It sets the letter class under 18 U.S.C. § 3559, which in turn caps supervised release and probation. And it drives the career offender table at USSG §4B1.1(b), where the offense level is set by the offense statutory maximum — 37 for life, down to 12 for more than one year but less than five. When you meet it: charging, plea and sentencing — federal offenses and charges.
Subject
A Justice Manual designation for “a person whose conduct is within the scope of the grand jury’s investigation,” JM 9-11.151. It sits between witness and target and is not a legal status — Department of Justice policy, not law, conferring no rights and enforceable by no one. A person’s designation can change as an investigation develops. When you meet it: pre-charge — investigation.
Subpoena
A court command to appear or to produce things. The clerk “must issue a blank subpoena—signed and sealed—to the party requesting it,” and the requesting party fills in the blanks, Fed. R. Crim. P. 17. A subpoena may order production of “books, papers, documents, data, or other objects,” and the court may direct production before trial for inspection. Two limits are easy to miss: after a charge is filed, a subpoena to a third party for personal or confidential information about a victim may be served only by court order; and “[n]o party may subpoena a statement of a witness or of a prospective witness under this rule” — Rule 26.2 governs that instead. A defendant who cannot pay may obtain a subpoena by ex parte application showing the witness is necessary for an adequate defense. When you meet it: pre-charge (a grand jury subpoena) and pretrial — grand jury subpoena.
Substantial assistance
Cooperation with the government, and three separate provisions do three separate jobs. 18 U.S.C. § 3553(e) authorizes a sentence below a statutory minimum. USSG §5K1.1 supports a sentence below the guideline range, with the court — not the prosecutor — setting the size of the reduction from five listed factors. Fed. R. Crim. P. 35(b) reduces a sentence already imposed. All three begin the same way: “[u]pon motion of the government.” A defendant cannot move under any of them, and cooperating does not entitle anyone to a motion. When you meet it: negotiation, sentencing, and after — § 5K1.1 substantial assistance.
Supervised release
A term of court supervision served after a prison term, not instead of part of it. The court “may include as a part of the sentence a requirement that the defendant be placed on a term of supervised release after imprisonment,” and must do so where a statute requires it, 18 U.S.C. § 3583(a). Authorized terms are up to five years for a Class A or B felony, three for a Class C or D, one for a Class E felony or a non-petty misdemeanor, with longer or life terms for listed terrorism and sex offenses. Revocation is on a preponderance standard, and it is mandatory for possession of a controlled substance or firearm, refusal to comply with drug testing, or more than three positive tests in a year. When you meet it: sentencing, and then after release — early termination of supervised release.
T
Target
A Justice Manual designation for “a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant,” JM 9-11.151. Department policy is that an “Advice of Rights” form be appended to grand jury subpoenas served on a target or subject, that the warnings be given on the record, and that a known target be told his conduct is being investigated. All of that is DOJ policy, not law — the Justice Manual creates no rights a defendant can enforce. Note also that an officer of a target organization is not automatically a target, and vice versa. When you meet it: pre-charge, often by letter — target letters.
Time served (prior custody credit)
Credit against a federal sentence for time already spent in official detention. A defendant gets credit for detention before the sentence commenced, either “as a result of the offense for which the sentence was imposed” or as a result of another charge arising after that offense, “that has not been credited against another sentence,” 18 U.S.C. § 3585(b). That last clause is where the fights happen: time a state has already applied to a state sentence is not counted twice. The Bureau of Prisons computes the credit, not the court. When you meet it: after designation — prior custody credit.
U–Z
Variance
A sentence outside the guideline range based on the 18 U.S.C. § 3553(a) factors, as opposed to a Guidelines-authorized departure. Gall v. United States, 552 U.S. 38 (2007), supplies the framework: the district court “should begin all sentencing proceedings by correctly calculating the applicable Guidelines range,” which is “the starting point and the initial benchmark,” and if it decides an outside-Guidelines sentence is warranted “must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance” (opinion). Review is for abuse of discretion whether the sentence is inside or outside the range. When you meet it: the sentencing hearing — sentencing basics.
Voir dire
The questioning of prospective jurors. Federal practice differs sharply from the state courtroom people picture: “[t]he court may examine prospective jurors or may permit the attorneys for the parties to do so,” and where the judge does the questioning it must let counsel “ask further questions that the court considers proper” or “submit further questions that the court may ask if it considers them proper,” Fed. R. Crim. P. 24(a). In many districts the judge asks nearly all of the questions. A represented defendant has no right to conduct voir dire personally. When you meet it: the first morning of trial — trial.
Waiver of indictment
The defendant’s decision, made in open court, to let the government charge a felony by information instead of taking it to a grand jury. It requires that the defendant be “advised of the nature of the charge and of the defendant’s rights,” Fed. R. Crim. P. 7(b). It is the defendant’s choice, not the prosecutor’s, and it is usually made because a negotiated resolution is already in place. When you meet it: immediately before a pre-indictment plea — plea agreements.
Witness (grand jury)
A person called to testify before a grand jury who is neither a target nor a subject. The distinction is a Justice Manual one, JM 9-11.151, and it is fluid. Two points a witness rarely knows: counsel may not sit in the grand jury room, though Department policy is to allow “a reasonable opportunity to step outside the grand jury room to consult with counsel”; and a witness is not bound by grand jury secrecy under Fed. R. Crim. P. 6(e)(2), which lists the people who must not disclose and does not list the witness. When you meet it: pre-charge — investigation.
Writ
A court order compelling an official act. Two appear constantly in federal criminal practice. A writ of habeas corpus tests the legality of custody under 28 U.S.C. § 2241. A writ to produce a prisoner issues where “[i]t is necessary to bring him into court to testify or for trial,” § 2241(c)(5) — the mechanism by which a person serving a state sentence is brought to federal court while the state retains primary custody, which is exactly the scenario that later produces prior-custody-credit disputes. When you meet it: any time the defendant is already serving another sentence — prior custody credit.
Zero-point offender
A term of art at USSG §4C1.1 (2025 Manual), added by Amendment 821 effective 1 November 2023. It is a two-level decrease available only if all eleven listed criteria are met, of which receiving no criminal history points is criterion (1), not the whole test. The others exclude, among other things, a terrorism adjustment, violence or credible threats of violence, death or serious bodily injury, a sex offense, substantial financial hardship personally caused, possession or transfer of a firearm or dangerous weapon in connection with the offense, a hate-crime or vulnerable-victim adjustment, an aggravating-role adjustment, and a continuing criminal enterprise. Whether the criteria are satisfied is the court’s determination. When you meet it: the Guidelines calculation — sentencing basics.
Where these terms sit in a federal case
The vocabulary above is not a list; it is a sequence. The words in it appear in a fixed order, and the seven pages below follow that order from the first knock on the door to the appeal: investigation → pretrial → plea agreements → trial → presentence report → sentencing basics → after sentencing. The overview of the whole path is at the federal court process, and the rest of the library sits at criminal defense resources.
For anything that happens after the judgment is entered, the depth is elsewhere on this site rather than in a glossary entry: federal appeals, § 2255 motions, sentence mitigation and reduction, early release from federal prison, compassionate release, and clemency. How we check and date the law on these pages is set out at how we verify.
Every definition above states a rule, not a prediction. Whether a rule helps in a particular case depends on the record, the district, and the judge — which is a question for counsel, not for a glossary. If you want that conversation, the firm’s contact details are at contact.
Together they are recognized authorities on 28 U.S.C. § 2255 motions and federal post-conviction relief.
Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026