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Under the state Constitution, the Governor of Oklahoma may grant a commutation of the death sentence, but only with advice and consent of the five-member Pardon and Parole Board. [9] Two inmates post-Furman had their death sentences commuted. [10] Governor Lee Cruce commuted every death sentence imposed during his administration (1911–1915). [10]
9 1/4 to 15 years in prison (if downward departure is not granted) Maximum of 30 years in prison if: -the offender used a deadly weapon or firearm -the victim was a vulnerable person under the care of the offender (a child under 18, elderly person, or disabled adult) -the victim was an on duty police officer or a first responder
Post-sentencing rehabilitative efforts (§5K2.19) Prior to October 2010: [p]ost-sentencing rehabilitative efforts, even if exceptional, undertaken by a defendant after imposition of a term of imprisonment for the instant offense [were] not an appropriate basis for a downward departure when resentencing the defendant for that offense. After ...
Under Oklahoma law, "a person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being", or when a person, regardless of malice, kills another person with a firearm or crossbow while attempting to kill a different person, or in the commission of various other crimes, including:
He also asked the judge for a downward departure or a lesser sentence. The attorney said while Powell's recklessness is not excusable, Powell was, legally, a minor, and he has accepted ...
The study found that in US federal courts, "blacks... less likely to get no prison term when that option is available; less likely to receive downward departures [from the guidelines]; and more likely to receive upward adjustments and, conditioned on having a downward departure, receive smaller reductions than whites". [17]
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Irizarry v. United States, 553 U.S. 708 (2008), was a United States Supreme Court case in which the court held that Federal Rule of Criminal Procedure 32(h) does not apply to a variance from a recommended Federal Sentencing Guidelines range; that rule applies only to "departures." [1] [2]