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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 ...
In exchange, Brechner asked for a downward departure on his sentence. A written agreement was executed, in which Brechner agreed to give "truthful, complete, and accurate information" and the U.S. Attorney agreed to move for a downward sentencing departure under § 5K1.1 of the United States Sentencing Guidelines. [2]
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]
Othal Wallace faces between 10.5 and 30 years in prison in officer Jason Raynor's death. His attorneys are arguing for even less time.
Mandatory Sentencing Manslaughter 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)
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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]
Former ballerina Ashley Benefield, 32, was sentenced Tuesday to 20 years in prison for manslaughter.