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The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
The life cycle of federal supervision for a defendant. United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, [1] or in addition to home detention, [2] while the latter is imposed in addition to imprisonment.
The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. [1] It is responsible for articulating the U.S. Federal Sentencing Guidelines for the federal courts.
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
Kimbrough v. United States, 552 U.S. 85 (2007), was a United States Supreme Court case in which the Court confirmed that federal district judges utilize, in an advisory (not as law) fashion, Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.
Rate of U.S. imprisonment per 100,000 population of adult males by race and ethnicity in 2006. Jails and prisons. On June 30, 2006, an estimated 4.8% of black non-Hispanic men were in prison or jail, compared to 1.9% of Hispanic men of any race, and 0.7% of white non-Hispanic men.
Larry Vickers, a popular creator of YouTube gun videos, may get a prison sentence after he pleaded guilty in October to two federal crimes including a conspiracy to import illegal machine guns.
The Federal Sentencing Guidelines were promulgated by a sentencing commission; the Washington sentencing guidelines at issue in Blakely, by contrast, were enacted by that state's legislature. That distinction, the Court said, "lacked constitutional significance," because regardless of the body that set the rules, the rules required sentencing ...