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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.
Aggravated Robbery 2–8 years and 9 months in prison.(A 2nd offense is 2 years and 3 months-7 years and 6 months. A 3rd and subsequent offense is 6–15 years in prison). Armed Robbery 7–21 years in prison.(A 2nd and subsequent offense is 14–28 years in prison.
State courts use their own sentencing guidelines. [1] The Federal Sentencing Guidelines are non-binding independent agency recommendations that inform sentencing in law. [5] Courts consider these advisory forms, which contain maximum and minimum sentences, before deciding a defendant's sentence. [6]
The United States District Court for the District of New York was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat. 73, on September 24, 1789. It first sat at the old Merchants Exchange on Broad Street in November 1789, the first federal court to do so.
The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, Suffolk, Kings (Brooklyn), and Queens, as well as Richmond (Staten Island), the latter three being among New York City's five boroughs.
The court concluded that an offense constitutes "burglary" under 924(e) if, regardless of its exact definition or label, it has the basic elements of burglary. [11] On June 26, 2015, the Supreme Court of the United States ruled in Johnson v. United States that part of the ACCA is unconstitutional. [12]
Battery is aggravated when using a weapon or dangerous object, when it results in disfigurement or serious physical injury. Assault and battery are classified as aggravated when directed towards a person with special status such as a law enforcement officer or elderly person. Assault becomes aggravated given the intention to murder or rape.
A County Court operates in each county except for the five counties of New York City (in those counties, the New York City Courts and Supreme Court operate in place of a typical County Court). Unlike the Supreme Court, each County Court is considered distinct. [2] The County Court is authorized to establish "appellate sessions", an intermediate ...