At the sentencing hearing, Rita could frame an argument for a sentence less than 33 months in one of two ways. First, he could argue "within the Guidelines framework" for a "departure" by showing that "his circumstances present an atypical case that falls outside the heartland to which the United States Sentencing Commission intends each individual Guideline to apply." Second, he could argue "outside of the Guidelines framework" that the statutory sentencing factors set forth in (a) warranted a lower sentence, which many circuits call a "variance." Under either framework, Rita pointed to (1) the fact that he would be susceptible to retribution for being a government informant while in prison, (2) his military experience and distinguished service, and (3) his frail health, for a lower sentence. The district judge ultimately disagreed that these factors warranted leniency under either framework, and sentenced Rita to 33 months in prison.