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False pretenses are crimes where a false representation is knowingly made, with the intent to defraud to transfer property title. The false representation can be made orally, in writing, or implied by action. The information that is falsely represented must be material or relate to present or past facts, and not be opinions or predictions.
Jul. 23—BOSTON — A Dominican national pleaded guilty yesterday in federal court in Boston to false representation of a Social Security number and making a false statement relating to health ...
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.
[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 ...
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 ...
The guidelines also reduce disparities, particularly those based on race, which was a concern of some critics of the pre-guidelines system. O'Connor foresaw a "substantial constitutional tax" in applying the Apprendi rule to sentencing guidelines systems. She protested that the traditional sentencing factors would now have to be charged in the ...
Hawley noted that the federal prosecutors in the case recommended two years in jail for the defendant and that sentencing guidelines called for between 97 and 110 months in jail.
Devoy, 54, admitted causing death by dangerous driving and two counts of fraud by false representation.