It is not common, but it happens more than you could imagine. Sentencing is a slippery slope for a defendant with "prior bad acts" as they can be used against you at sentencing. These acts might be alleged in the past but went unprosecuted. If there is some record of an investigation that went nowhere or a deposition that contained facts that were never prosecuted. The defendant's life history is contained in a Sentencing Memorandum that is filed with the Court. The government recommends a sentence and the defense attorney files one on behalf of the convicted person on the opposite end of the spectrum. The judge considers them both and then imposes the sentence they think fits.
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