Want to learn more about relevant statutes, case law and guidelines on a specific topic? Role in the Offense (Policy Statement). 994(e). 1591; or (B) an attempt or a conspiracy to commit any offense described in subdivisions (A)(i) through (v) of this note. Federal courts also generally have discretion to order that the sentences they impose will run concurrently with or consecutively to other state sentences that are anticipated but not yet imposed. Historical Note: Effective November 1, 2000 (amendment 604). Historical Note: Effective November 1, 1987. Historical Note: This guideline applies only if the defendant is an individual. 5. (d) PROHIBITED DEPARTURES.Notwithstanding subsections (a) and (b) of this policy statement, or any other provision in the guidelines, the court may not depart from the applicable guideline range based on any of the following circumstances: (1) Any circumstance specifically prohibited as a ground for departure in 5H1.10 (Race, Sex, National Origin, Creed, Religion, and Socio-Economic Status), 5H1.12 (Lack of Guidance as a Youth and Similar Circumstances), the last sentence of 5H1.4 (Physical Condition, Including Drug or Alcohol Dependence or Abuse; Gambling Addiction), and the last sentence of 5K2.12 (Coercion and Duress). [X] Background: Section 401(b)(2) of Public Law 10821 directly amended Chapter Five, Part K, to add this policy statement, effective April 30, 2003. Amended effective November 1, 1998 (amendment 583); April 30, 2003 (amendment 649); October 27, 2003 (amendment 651); November 1, 2004 (amendment 674). . In addition, subsection (b) contains a policy statement recommending that the maximum a life term of supervised release be imposed. The extent of the decrease ordinarily should depend on the reasonableness of the defendant's actions, on the proportionality of the defendant's actions to the seriousness of coercion, blackmail, or duress involved, and on the extent to which the conduct would have been less harmful under the circumstances as the defendant believed them to be. Lack of guidance as a youth and similar circumstances indicating a disadvantaged upbringing are not relevant grounds in determining whether a departure is warranted. The Commission will continue to provide information to the courts on the relevance of specific offender characteristics in sentencing, as the Sentencing Reform Act contemplates. 5K2.10. 5H1.8. Limitation on Applicability of Statutory Minimum Sentences in Certain Cases. 5C1.2. Except as otherwise required by subsection (e) or any other law, the total punishment is to be imposed on each count and the sentences on all counts are to be imposed to run concurrently to the extent allowed by the statutory maximum sentence of imprisonment for each count of conviction. (6) The proportionality and reasonableness of the defendant's response to the victim's provocation. Grounds for Departure (Policy Statement), (a) UPWARD DEPARTURES IN GENERAL AND DOWNWARD DEPARTURES IN CRIMINAL CASES OTHER THAN CHILD CRIMES AND SEXUAL OFFENSES., (1) IN GENERAL.The sentencing court may depart from the applicable guideline range if, (A) in the case of offenses other than child crimes and sexual offenses, the court finds, pursuant to 18 U.S.C. A collateral consequence of conviction of certain crimes described in 29U.S.C. 1. "Home detention"means a program of confinement and supervision that restricts the defendant to his place of residence continuously, except for authorized absences, enforced by appropriate means of surveillance by the probation office. Commissioners are nominated by the President and confirmed by the Senate. Similarly, if subsection (a) provides a range of two years to five years, but the relevant statute requires a minimum term of supervised release of five years and a maximum term of life, the term of supervised release provided by the guidelines is five years. Public Access to Commission Data and Documents. "Crime of violence" and "controlled substance offense" are defined in 4B1.2 (Definitions of Terms Used in Section 4B1.1). (3) The defendant's aggravating or mitigating role in the offense, which may be taken into account only under 3B1.1 (Aggravating Role) or 3B1.2 (Mitigating Role), respectively. A defendant's role in the offense is relevant in determining the applicable guideline range (see Chapter Three, Part B (Role in the Offense)) but is not a basis for departing from that range (see subsection (d) of 5K2.0 (Grounds for Departures)). Amended effective November 1, 1989 (amendments 285 and 302); November1, 1991 (amendment 428); November1, 2002 (amendment 646). Historical Note: Amendments to the Sentencing Guidelines Interim Publication Incorporating guideline amendments effective August 1, 2016. In such cases, a condition requiring a period of community confinement, home detention, or intermittent confinement may be imposed but is not required. (d) If the sentence imposed on the count carrying the highest statutory maximum is less than the total punishment, then the sentence imposed on one or more of the other counts shall run consecutively, but only to the extent necessary to produce a combined sentence equal to the total punishment. (5) The defendant shall live at a place approved by the probation officer. This Part allocates specific offender characteristics into three general categories. An extraordinary physical impairment may be a reason to depart downward; e.g., in the case of a seriously infirm defendant, home detention may be as efficient as, and less costly than, imprisonment. 1. Background: The Comprehensive Crime Control Act authorizes the imposition of occupational restrictions as a condition of probation, 18 U.S.C. Cases in which only part of the prior offense is relevant conduct to the instant offense are covered under subsection (d). See 5G1.1(c)(2) and accompanying Commentary. 5K2.12. For example, where the guideline range is 4-10 months, a sentence of imprisonment of one month followed by a term of supervised release with a condition requiring three months of community confinement or home detention would satisfy the minimum term of imprisonment specified in the guideline range. (c) An inmate who in the judgment of the Director of the Bureau of Prisons has successfully completed the required period of shock incarceration shall remain in the custody of the Bureau for such period (not to exceed the remainder of the prison term otherwise required by law to be served by that inmate), and under such conditions, as the Bureau deems appropriate. The Commission envisions that for most defendants, the maximum of the guideline fine range from subsection (c) will be at least twice the amount of gain or loss resulting from the offense. 5H1.10. The amendment (Amendment 802)represented the most comprehensive revision of a major guideline in 20 years. A downward departure may be warranted if (1) the defendant committed the offense while suffering from a significantly reduced mental capacity; and (2) the significantly reduced mental capacity contributed substantially to the commission of the offense. [X] 3. Although this provision has effectively abolished the use of "split sentences" imposable pursuant to the former 18 U.S.C. (b) DOWNWARD DEPARTURES IN CHILD CRIMES AND SEXUAL OFFENSES.Under 18 U.S.C. 841 count and a sentence of 87 months on the 18 U.S.C. (b) Provided, that the provisions of subsection (a) do not apply --, (1) when full restitution has been made; or. [X] 841(b) and 960(b), which authorize fines up to $8 million in offenses involving the manufacture, distribution, or importation of certain controlled substances; 21 U.S.C. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. In the third category are specific offender characteristics that Congress directed the Commission to ensure are reflected in the guidelines and policy statements as generally inappropriate in recommending a term of imprisonment or length of a term of imprisonment. (3) Fine Table. See 18 U.S.C. (C) any other conforming amendments to the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission necessitated by the Act, including a revision of section 5K2.0". The purpose of this departure provision is to enhance the sentences of defendants who participate in groups, clubs, organizations, or associations that use violence to further their ends.
"Engaged in a continuing criminal enterprise," as used in subsection (a)(4), is defined in 21 U.S.C. 5K2.20. The guideline range applicable to the defendant is 1218 months (Chapter Two offense level of level 16 for sale of 115 grams of cocaine; 3 level reduction for acceptance of responsibility; final offense level of level 13; Criminal History Category I). According to the report, in fiscal year 2020, courts decided 7,014 compassionate release motions, granting compassionate release to one-quarter (25.7%) of those offenders. Discover our primers that focus on topics ranging from drug trafficking to criminal history to supervised release. Use these worksheets to help determine the applicable offense level, criminal history score, and guideline range in an individual offenders case. 1. 5H1.4. 3553(f). Education and vocational skills may be relevant in determining the conditions of probation or supervised release for rehabilitative purposes, for public protection by restricting activities that allow for the utilization of a certain skill, or in determining the appropriate type of community service. 3563(a)(2)). The amount of the fine should always be sufficient to ensure that the fine, taken together with other sanctions imposed, is punitive. If the defendant plans to change where he or she lives or anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall notify the probation officer at least 10 days before the change. (B) It may impose a sentence of probation provided that it includes a condition of probation requiring a period of intermittent confinement, community confinement, or home detention, or combination of intermittent confinement, community confinement, and home detention, sufficient to satisfy the minimum period of imprisonment specified in the guideline range. The length of the installment schedule generally should not exceed twelve months, and shall not exceed the maximum term of probation authorized for the offense. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. 853(q). The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. 3555. Section 5B1.1(a)(2) provides a transition between the circumstances under which a "straight" probationary term is authorized and those where probation is prohibited. 3624(e). Background: Section 3553(a)(7) of Title 18, United States Code, requires the court, "in determining the particular sentence to be imposed," to consider "the need to provide restitution to any victims of the offense." (b) If the court decides to impose a condition of probation or supervised release restricting a defendant's engagement in a specified occupation, business, or profession, the court shall impose the condition for the minimum time and to the minimum extent necessary to protect the public. Similarly, where a statutorily required minimum sentence on any count is greater than the minimum of the applicable guideline range, the guideline range for all counts is restricted by that statutorily required minimum sentence. 3553(a) and the cost involved in giving the notice as it relates to the loss caused by the crime. This cost may be set off against any fine imposed if the court determines that the imposition of both sanctions would be excessive. [X] (5) The defendant's fulfillment of restitution obligations only to the extent required by law including the guidelines (i.e., a departure may not be based on unexceptional efforts to remedy the harm caused by the offense). However, the court may not depart below the applicable guideline range if (1) the significantly reduced mental capacity was caused by the voluntary use of drugs or other intoxicants; (2) the facts and circumstances of the defendant's offense indicate a need to protect the public because the offense involved actual violence or a serious threat of violence; (3) the defendant's criminal history indicates a need to incarcerate the defendant to protect the public; or (4) the defendant has been convicted of an offense under chapter 71, 109A, 110, or 117, of title 18, United States Code. (1) This guideline applies only to a defendant convicted of an offense committed on or after November 1, 1997. There may be cases in which a departure from the sentencing options authorized for Zone C of the Sentencing Table (under which at least half the minimum term must be satisfied by imprisonment) to the sentencing options authorized for Zone B of the Sentencing Table (under which all or most of the minimum term may be satisfied by intermittent confinement, community confinement, or home detention instead of imprisonment) is appropriate to accomplish a specific treatment purpose. Costs of Prosecution (Policy Statement). 2. Amended effective November 1, 1991 (amendment 386); November1, 1993 (amendment 475); October 27, 2003 (amendment 651); November 1, 2004 (amendment 674); November 1, 2010 (amendment 739). Any such departure should be fashioned to achieve a reasonable punishment for the instant offense. Historical Note:Effective November 1, 1987. 40702). 3013 or a fine under Subchapter C of Chapter 227 of Title 18, United States Code, shall take precedence over an order of community restitution under subsection (d). The U.S. (2) An extraordinary physical impairment may be a reason to depart downward only if and to the extent permitted by 5H1.4. (ii) Examples.As set forth in subsection (a)(3), if the applicable offense guideline and adjustments take into consideration a circumstance identified in this subpart, departure is warranted only if the circumstance is present to a degree substantially in excess of that which ordinarily is involved in the offense. The extent of the increase ordinarily should depend on the dangerousness of the weapon, the manner in which it was used, and the extent to which its use endangered others. A condition imposing a curfew may be imposed if the court concludes that restricting the defendant to his place of residence during evening and nighttime hours is necessary to protect the public from crimes that the defendant might commit during those hours, or to assist in the rehabilitation of the defendant. 6. You can submit your questions electronically or call us directly. Civic, charitable, or public service; employment-related contributions; and similar prior good works are not ordinarily relevant in determining whether a departure is warranted. [X] Criminal History (Policy Statement). Occupational restrictions may be imposed as a condition of probation.
If the defendant possessed a semiautomatic firearm capable of accepting a large capacity magazine in connection with a crime of violence or controlled substance offense, an upward departure may be warranted. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of becoming aware of a change or expected change. 1028A. For example, a substantial increase may be appropriate if the death was intended or knowingly risked or if the underlying offense was one for which base offense levels do not reflect an allowance for the risk of personal injury, such as fraud. Third, a disqualified person may petition either the United States Parole Commission or a United States District Court judge to exempt his or her service or employment in a particular prohibited capacity pursuant to the procedures set forth in 29U.S.C. The court then imposes a sentence of 60 months on the 18 U.S.C. (b) REQUIREMENTS.The court may depart downward under this policy statement only if the defendant committed a single criminal occurrence or single criminal transaction that (1) was committed without significant planning; (2) was of limited duration; and (3) represents a marked deviation by the defendant from an otherwise law-abiding life. Accordingly, a departure pursuant to 5K2.7 for the disruption of a governmental function would have to be substantial to warrant departure from the guidelines when the applicable offense guideline is bribery or obstruction of justice. 3553(e) and 28 U.S.C. Public Welfare (Policy Statement). 3583(a). This document contains unofficial text of proposed amendments to the sentencing guidelines provided only for the convenience of the user in the preparation of public comment. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. To avoid confusion with the Bureau of Prisons' exclusive authority provided under 18 U.S.C. 3742 and for the Commission to fulfill its ongoing responsibility to refine the guidelines in light of information it receives on departures, it is essential that sentencing courts state with specificity the reasons for departure, as required by the PROTECT Act. 1028A in a case in which an underlying offense for one of the 18 U.S.C. (b) For such initial portion of the term of imprisonment as the Bureau of Prisons may determine, not to exceed six months, an inmate in the shock incarceration program shall be required to -, (1) adhere to a highly regimented schedule that provides the strict discipline, physical training, hard labor, drill, and ceremony characteristic of military basic training; and. 3583(d)). 3571(b)(1), (e). Amended effective November 1, 1991 (amendment 386); November 1, 1997 (amendment 569); October 27, 2003 (amendment 651); November 1, 2010 (amendment 739); November 1, 2018 (amendment 811). Historical Note: "Minor" means (A) an individual who had not attained the age of 18 years; (B) an individual, whether fictitious or not, who a law enforcement officer represented to a participant (i) had not attained the age of 18 years; and (ii) could be provided for the purposes of engaging in sexually explicit conduct; or (C) an undercover law enforcement officer who represented to a participant that the officer had not attained the age of 18 years. 5H1.7. (incorporating amendments effective November 1, 2018). Effective September 23, 1994 (Amendment 509). Background: This section provides for the imposition of a sentence of probation. Historical Note: Effective November 1, 1987. Relief from Disability Pertaining to Convicted Persons Prohibited from Holding Certain Positions (Policy Statement). (C) Imposition of Supervised Release.In the case of a consecutive term of imprisonment imposed under subsection (a), any term of supervised release imposed is to run concurrently with any other term of supervised release imposed. 3013. Under circumstances set forth in 18 U.S.C. To the extent that any of the above-noted statutory provisions conflict with the provisions of this guideline, the applicable statutory provision shall control. (4) The defendant's decision, in and of itself, to plead guilty to the offense or to enter a plea agreement with respect to the offense (i.e., a departure may not be based merely on the fact that the defendant decided to plead guilty or to enter into a plea agreement, but a departure may be based on justifiable, non-prohibited reasons as part of a sentence that is recommended, or agreed to, in the plea agreement and accepted by the court. 89 (1983)). In such a case, the court may impose a sentence of probation only if it imposes a condition or conditions requiring at least two months of community confinement, home detention, or intermittent confinement, or a combination of community confinement, home detention, and intermittent confinement totaling at least two months. See 18 U.S.C. Imposition of a Term of Supervised Release, (a) The court shall order a term of supervised release to follow imprisonment, (1) when required by statute (see 18 U.S.C. Similarly, if a departure is warranted under this policy statement, the extent of the departure should reflect the extent to which the reduced mental capacity contributed to the commission of the offense. 2. (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community confinement, or home detention for imprisonment according to the schedule in subsection (e). 1. Historical Note: Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. The degree to which a defendant depends upon criminal activity for a livelihood is relevant in determining the appropriate sentence. P. 32(f), (i). Several of the conditions are expansions of the conditions required by statute: (1) The defendant shall report to the probation office in the federal judicial district where he or she is authorized to reside within 72 hours of the time the defendant was sentenced, unless the probation officer instructs the defendant to report to a different probation office or within a different time frame. Application of Subsection (c).Subsection (c) applies to cases in which the federal court anticipates that, after the federal sentence is imposed, the defendant will be sentenced in state court and serve a state sentence before being transferred to federal custody for federal imprisonment. If notifying the probation officer in advance is not possible due to unanticipated circumstances, the defendant shall notify the probation officer within 72 hours of becoming aware of a change or expected change. 3553(b)(2)(A)(ii)(II) and subsection (b)(2) of this policy statement, that the mitigating circumstance forming the basis for a downward departure in child crimes and sexual offenses be of kind, or to a degree, not adequately taken into consideration by the Commission. Drug or alcohol dependence or abuse ordinarily is not a reason for a downward departure. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. The court departs downward to impose a sentence of probation, with twelve months of intermittent confinement, community confinement, or home detention and participation in a substance abuse treatment program as conditions of probation. 5K2.5.
1. 3583(d). (4)The defendant shall refrain from any unlawful use of a controlled substance and submit to one drug test within 15 days of release on supervised release and at least two periodic drug tests thereafter (as determined by the court) for use of a controlled substance, but the condition stated in this paragraph may be ameliorated or suspended by the court for any individual defendant if the defendants presentence report or other reliable information indicates a low risk of future substance abuse by the defendant (see 18 U.S.C. 5K2.16. 991(b)(1)(B), 18 U.S.C. The determination of the fine guideline range may be dispensed with entirely upon a court determination of present and future inability to pay any fine. In this section, learn about the Commissions mission, structure, and ongoing work. 
sentencing table 2022
