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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.
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.
[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]
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 report has an immediate purpose: to help the court determine an appropriate sentence as well as aide in officer sentencing recommendations. The report serves to collect objective, relevant, and factual information on a specific defendant. [7] Since the advent of the sentencing guidelines, the importance of the presentence reports has increased.
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The Sentencing Act of 1987 (Pub.L. 100-182) enacted some changes to the federal sentencing regime in the United States. The legislation amended 18 U.S.C. § 3553(b) to permit expressly departures based on circumstances of an exceptional "kind" or "degree".
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