Yes. A letter to the judge can help at federal sentencing, but a poorly written letter can also damage your credibility and make the defense’s job more difficult.
I have seen both sides of that issue firsthand.
I represented Matthew Bowyer in the federal investigation connected to Shohei Ohtani’s former interpreter, Ippei Mizuhara. Both men eventually faced federal sentencing, but the way their personal circumstances and mitigation were presented was very different.
Mizuhara received 57 months in federal prison after pleading guilty to bank fraud and filing a false tax return. Bowyer, who pleaded guilty to operating an illegal gambling business, money laundering, and filing a false tax return, received one year and one day.
Many factors contributed to those sentences, so it would be wrong to suggest that a letter alone explains the difference.
However, the contrast demonstrates something I tell my clients constantly: everything you present to a federal judge needs to have a purpose, and everything you say needs to withstand scrutiny.
What Should a Letter to the Judge Accomplish?
A defendant’s letter to the judge should generally help the court understand three things:
- You accept responsibility for your conduct.
- You understand the harm that resulted from it.
- You are more than the offense described in the court documents.
The letter can also help the judge understand your background, family, treatment, rehabilitation, accomplishments, and plans for the future.
The challenge is providing that context without turning it into an excuse.
That distinction became especially important in Mizuhara’s sentencing.
What Went Wrong With Ippei Mizuhara’s Sentencing Presentation?
Mizuhara admitted stealing nearly $17 million from Shohei Ohtani to pay gambling debts. He also admitted failing to report income to the IRS. Federal prosecutors said he placed at least 19,000 bets through Bowyer’s illegal gambling business and accumulated more than $40 million in net gambling losses.
His case clearly involved serious conduct.
At sentencing, however, another issue emerged: credibility.
In his sentencing materials, Mizuhara provided extensive information about his relationship with Ohtani and attempted to explain some of the financial circumstances surrounding his conduct.
From my perspective as a defense attorney, some of that information created more problems than it solved.
Why Can Too Much Explanation Hurt a Sentencing Letter?
Context can be important. Excuses can be dangerous.
A defendant may genuinely want the judge to understand why something happened. The problem comes when the explanation sounds like an attempt to minimize responsibility.
Mizuhara discussed his income and suggested that he experienced financial pressure while trying to keep up with Ohtani’s lifestyle.
The prosecution pushed back.
Prosecutors argued that Ohtani had financially supported Mizuhara in numerous ways and challenged aspects of the narrative Mizuhara presented.
Once that happens, the sentencing discussion can shift away from remorse and toward whether the defendant is being truthful.
That is rarely where I want my client’s sentencing presentation to go.
Why Is Credibility So Important at Federal Sentencing?
Credibility can affect how the judge views everything else you present.
Suppose your sentencing letter contains ten meaningful points about your family, rehabilitation, treatment, remorse, and future plans.
If the prosecution proves that another important statement in the letter is inaccurate, the judge may begin questioning the rest.
That is why I tell clients that everything has to withstand scrutiny.
Before information goes into a sentencing letter, I want to ask:
- Is this accurate?
- Can we document it?
- Does it contradict other evidence?
- Will the prosecutor challenge it?
- Does it demonstrate responsibility?
- Does it sound like an excuse?
- Does it help the judge understand the client?
A letter to the judge should strengthen your credibility rather than give prosecutors an opportunity to attack it.
What Does Remorse Look Like in a Sentencing Letter?
Remorse involves more than saying, “I am sorry.”
A meaningful sentencing presentation should demonstrate that the defendant understands what happened and recognizes the harm caused.
That may include acknowledging:
- Who was harmed
- How trust was violated
- Financial consequences
- Emotional consequences
- Family consequences
- Professional consequences
- What the defendant should have done differently
The language should sound personal and truthful.
I generally do not want a client using the letter to litigate the case again or blame everyone around them.
The attorney has other tools for presenting legal arguments and explaining complicated circumstances.
The defendant's personal letter serves a different purpose.
What Did We Do Differently in Mathew Bowyer’s Case?
When I represented Mathew Bowyer, we approached sentencing with a broader mitigation strategy.
Bowyer pleaded guilty to running an illegal gambling business, money laundering, and filing a false tax return. The government alleged that his illegal bookmaking business operated for years and at times involved more than 700 bettors.
We could not simply ignore that conduct.
Instead, we focused on helping the court see what Bowyer had done after confronting it.
He acknowledged his behavior and consistently accepted responsibility.
We also developed evidence showing the steps he had taken to address the problems that contributed to the offense.
How Did Treatment and Rehabilitation Become Part of the Defense?
Bowyer went to therapy.
He attended Gamblers Anonymous.
We provided letters from people who knew him personally and knew what he had done, yet continued to support him.
That distinction is crucial.
The goal of a character letter is not to tell the judge that the defendant is secretly perfect or that the offense never happened.
Strong character letters can show that people who understand the situation still see positive qualities, rehabilitation, family responsibilities, and a reason to believe the person can move forward successfully.
The mitigation presentation should support the same message as the defendant’s letter.
Everything needs to fit together.
Why Should Character Letters Support the Sentencing Strategy?
A defendant's letter to the judge is only one piece of federal sentencing advocacy.
I may also use:
- Character letters
- Treatment records
- Therapy records
- Substance abuse or gambling treatment
- Employment history
- Volunteer work
- Family responsibilities
- Medical information
- Mental health information
- Restitution efforts
- Evidence of rehabilitation
- A sentencing memorandum
Each piece should reinforce the overall presentation.
For Bowyer, that meant showing the court that he accepted what he had done and had taken concrete steps toward changing his behavior.
Why Does the Judge Need to Know Who You Are Beyond the Crime?
Federal sentencing law specifically requires judges to consider the history and characteristics of the defendant, along with the nature and circumstances of the offense and other sentencing considerations.
That makes personal history legally relevant.
The judge may consider information about:
- Family
- Childhood
- Trauma
- Addiction
- Mental health
- Physical health
- Employment
- Education
- Community involvement
- Treatment
- Rehabilitation
- Remorse
- Future plans
I discuss this more fully in my article aboutmitigation in federal court and why your story can affect sentencing.
The key is presenting that story as context rather than justification.
Context and Excuses Are Not the Same Thing
This is one of the most difficult parts of sentencing advocacy.
Suppose someone developed a serious gambling addiction after years of untreated mental health issues.
That history may be important.
The defense might document:
- When the gambling began
- How frequently the person gambled
- The financial losses
- Attempts to stop
- Psychological evaluations
- Treatment
- Participation in recovery programs
- Changes made after the offense
Those details may help the judge understand the person and assess rehabilitation.
The defendant still needs to accept responsibility for the conduct.
The strongest presentation can communicate both ideas at the same time:
“I understand what I did.”
And:
“Here is the complete story of how I got here and what I am doing to make sure it does not happen again.”
Can One Bad Statement Really Hurt Your Sentencing Letter?
Potentially.
A sentencing letter should never contain a factual claim simply because it makes the defendant look better.
Federal prosecutors have access to extensive discovery, financial records, interviews, communications, and investigative materials.
If the prosecution can disprove something you tell the judge, the problem becomes larger than that individual fact.
Your credibility is now at issue.
That is why every important factual statement should be reviewed carefully before submission.
Can a Letter to the Judge Reduce a Federal Sentence?
A sentencing letter can potentially help the court understand the defendant, but no attorney can promise that a letter will produce a specific reduction.
Federal judges consider many factors.
Those may include:
- The statutory sentencing range
- The federal sentencing guidelines
- The seriousness of the offense
- Criminal history
- The defendant's role
- Loss amounts
- Victim impact
- Cooperation
- Acceptance of responsibility
- Rehabilitation
- Restitution
- The defendant's personal history
A letter works best as part of a larger sentencing strategy rather than as a standalone request for mercy.
Why Were Mizuhara and Bowyer’s Sentences So Different?
Mizuhara received 57 months in federal prison.
Bowyer received one year and one day.
There were significant differences between their cases, offenses, conduct, guideline calculations, and individual circumstances.
I would never suggest that the sentencing letters alone produced those different outcomes.
However, the comparison shows why presentation matters.
With Bowyer, we carefully developed mitigation. He consistently accepted responsibility. We documented treatment. We gathered character support. We showed the court what he had done to address his conduct.
Mizuhara’s sentencing presentation, in my opinion, included explanations that gave the prosecution an opportunity to challenge his credibility.
Those are two very different approaches.
What Should You Avoid in a Letter to the Judge?
I generally caution clients against:
Making excuses
Explain important circumstances without suggesting someone else is responsible for your decisions.
Minimizing the conduct
The judge already knows what happened according to the record. Trying to make serious conduct sound insignificant can damage credibility.
Including unnecessary personal information about other people
If information does not help explain your history, rehabilitation, remorse, or sentencing position, ask why it needs to be included.
Making factual claims you cannot support
Assume prosecutors will compare important statements with their evidence.
Attacking prosecutors or investigators
The defendant’s letter is usually a poor place to relitigate every disagreement with the government.
Writing what you think the judge wants to hear
A generic apology is less persuasive than genuine reflection supported by actions.
Should Your Attorney Review Your Letter Before Sentencing?
Yes.
I want to review a client's letter carefully before it goes to a federal judge.
That allows me to identify:
- Statements that could be misunderstood
- Unnecessary explanations
- Factual inconsistencies
- Language that sounds defensive
- Missing expressions of remorse
- Details that belong in the sentencing memorandum instead
- Important parts of the client's story that deserve greater emphasis
Sentencing advocacy should be coordinated.
Your personal letter, character letters, treatment records, sentencing memorandum, and courtroom presentation should support one another rather than contradict one another.
Frequently Asked Questions About Writing a Letter to the Judge
What is the most important thing to say in a sentencing letter?
Genuine acceptance of responsibility and remorse are often extremely important. The letter should also help the judge understand who you are and what you have done since the offense.
Should I explain why I committed the crime?
Sometimes context is relevant, but it should be presented carefully. An explanation can hurt when it sounds like an excuse or an attempt to minimize responsibility.
Should I mention my childhood or personal problems?
Potentially. Federal judges consider the defendant's history and characteristics. Your attorney can help determine which background information belongs in your letter or broader mitigation presentation.
Can I criticize the government's version of events in my letter?
Usually, disputed legal and factual issues are better handled strategically by your attorney. A personal sentencing letter generally has a different purpose.
Can family members write letters too?
Yes. Character letters from relatives, friends, employers, colleagues, and community members may become part of a broader sentencing presentation when they contain credible and specific information.
Does a good sentencing letter guarantee a lower sentence?
No. The judge considers the entire case, including the offense, sentencing guidelines, criminal history, mitigation, statutory factors, and arguments from both sides.
What Is the Biggest Lesson From the Mizuhara and Bowyer Cases?
The biggest lesson is simple: your sentencing presentation should be deliberate.
Mizuhara’s case shows how explanations that appear intended to provide context can instead create credibility problems when the prosecution challenges them.
My work with Mathew Bowyer followed a different strategy.
We focused on accepting responsibility, documenting treatment, gathering meaningful support, demonstrating rehabilitation, and helping the judge understand the complete person standing before the court.
Bowyer received a sentence of one year and one day. Mizuhara received 57 months.
Again, many factors contributed to that difference.
But these cases demonstrate why I never treat a letter to the judge as a minor detail.
Everything you submit at sentencing becomes part of the way the court understands you.
Get Help Before Sending a Letter to a Federal Judge
If you are approaching federal sentencing in Southern California, do not wait until the last minute to think about your letter, character evidence, or mitigation.
Sentencing preparation should begin well before the hearing.
You can learn more about my approach tofederal criminal defense and read abouthow deciding whether to plead guilty or go to trial can affect the course of a criminal case.
If you or someone you care about is preparing for federal sentencing,contact my office so we can discuss the case, your mitigation, and how to present your story carefully and truthfully.