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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 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.
Between 1940 and 1984, the law provided for a board of examiners to be established for each federal and penal correctional institution that would consist of three medical officers, one appointed by the warden or superintendent of the institution; another by the U.S. Attorney General; and another by the U.S. Public Health Service. [3]
Case history; Prior: Defendant convicted, 3:08-CR-00249-BTM (S.D. Cal. 2010); affirmed, 376 F. App'x 707 (9th Cir. 2010); cert. granted, 562 U.S. 1104 (2010).Holding; The Sentencing Reform Act precludes a federal court from imposing or lengthening a prison sentence for the purposes of rehabilitation.
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.
Atkins v. Virginia, 536 U.S. 304 (2002), is a case in which the Supreme Court of the United States ruled 6–3 that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, but that states can define who has an intellectual disability.
Gall v. United States, 552 U.S. 38 (2007), was a decision by the United States Supreme Court, which held that the federal appeals courts may not presume that a sentence falling outside the range recommended by the Federal Sentencing Guidelines is unreasonable.
Whether a defendant satisfies the criteria in 18 U.S.C. § 3553(f)(1) as amended by the First Step Act of 2018 in order to qualify for the federal drug-sentencing “safety valve” provision so long as he does not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether the defendant ...