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At sentencing, the judge found by a preponderance of the evidence that the defendant (1) distributed 566 grams over and above the 100 grams that the jury had to have found and (2) had obstructed justice. Under the Federal Sentencing Guidelines, that increased the defendant's base offense level from 32 to 36 (U.S.S.G. §§ 2D1.1(c)(2),(4)). [6]
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.
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 latest edition supported by this template is the 2012 Guidelines Manual, effective as of November 1, 2012. Optionally, the year of a previous edition may be specified instead, when one wants to cite the Sentencing Guidelines that were in effect on a given date. Each year's edition becomes effective on November 1 st of the
[17] The "Drugs Minus Two Amendment" changed the U.S. Federal Sentencing Guidelines to "reduce the applicable sentencing guideline range for most federal drug trafficking offenses." [ 17 ] The Commission voted to make the Amendment retroactive on July 18, 2014, "thereby allowing eligible offenders serving a previously imposed term of ...
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover. [1]
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Mandatory Sentencing Second Degree Murder Any term of years or life imprisonment without parole (There is no federal parole, U.S. sentencing guidelines offense level 38: 235–293 months with a clean record, 360 months–life with serious past offenses) Second Degree Murder by an inmate, even escaped, serving a life sentence