How does the sentencing table work? Part - III

Posted by Chris Morales on Fri, Sep 13, 2013 @ 09:15 AM

Armed Career Criminal

(a) A defendant who is subject to an enhanced sentence under the provisions of 18 U.S.C. Sec. 925(e) is an armed career criminal.

(b) The offense level for an armed career criminal is the greatest of:
1) the offense level applicable from Chapters Two and Three; or
2) the offense level, from Sec.4B1.1 (Career Offender) if applicable; or

*If an adjustment from Sec.3E1 (Acceptance of Responsibility) applies, decrease the offense level by the number of levels corresponding to that adjustment.

(C) The criminal history category for an armed career criminal is the greatest of :
(1) criminal history category from Chapter Four, Part A (Criminal History) or, Sec.4B1.1
(Career Offender) if applicable; or
(2) Category VI, if the defendant used or possessed the firearm or ammunition in connection with a crime of violence or controlled substance offense, as defined in Sec.4B1.2 (a), or if the firearm possessed by the defendant was of a type described in 26 U.S.C. Sec. 5845 (a); or
(3) Category IV

Acceptance of Responsibility

(a) If the defendant clearly demonstrates acceptance of responsibility for his or her offense, decrease the offense level by 2 levels.
(b) Furthermore, the offense level will decrease by 1 additional level if the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and the defendant has assisted authorities in the investigation or prosecution of his or her own misconduct by taking one or more of the following steps:

(1) timely provide complete information to the government concerning his/her own involvement in the offense, or
(2) timely notifying authorities of his/her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the court to allocate its resources efficiently.

Sentencing Counted and Excluded

Sentences for the following prior offense are counted. Sentences for misdemeanor and petty offense are counted, except as follows:

(1) Sentences for the following prior offenses are similar to them (by whatever name they are known) are counted only if (A) the sentence was a term of probation of at least one year or a term of imprisonment of at least thirty days, or (B) the prior offense was similar to an instant offense:

Careless or reckless driving
Contempt of Court
Disorderly conduct or disturbing the peace
Driving without a license or with a revoked or suspended license
False information to a police officer
Fish and game violations
Gambling
Hindering or failure to obey a police officer
Insufficient funds check
Leaving the scene of an accident
Local Ordinance violations (excluding local ordinance violations that are also criminal offense under state law)
Non-support
Prostitution
Resisting Arrest
Trespassing

(2) Sentences for the following prior offense and offenses similar to them, by whatever name they are known, are never counted:

Hitchhiking
Juvenile status offense and truancy
Loitering
Minor Traffic infractions
Public Intoxication
Vagrancy

Offense Committed Prior Eighteen

(1) If the defendant was convicted as an adult and received a sentence of imprisonment exceeding one year and one month, add 3 points under Sec.4A1.1 (a) for each such sentence
(2) In any other case,
(A) add 2 points under Sec.4A1.1 (b) for each adult or juvenile sentence to confinement of at least sixty days if the defendant was released from such confinement within five years of his/her commencement of the instant offense;
(B) add 1 point under Sec.4A1.1 (c) for each adult or juvenile sentence imposed within five years of the defendant’s commencement of the instant offense not covered in (A).

In addition to the other main features of the sentencing table are four zones: A, B, C and D. These zones designate a person’s type of confinement and affect the conditions for release.

Zone A: is in the minimum guideline range of zero to six months. A person in this range may be eligible for home confinement.

Zone B: (where applicable) is when the guideline range is at least one month but no more than six months; this person may receive a combination of probation and intermittent confinement.

Zone C: (if applicable) meant that a minimum term in this range may be satisfied by a sentence of imprisonment or a sentence of imprisonment that includes a term of supervised release, provided that at least one-half of the minimum term is satisfied by imprisonment.

Zone D: makes up the majority of the Sentencing Table. Even a minimum tern in this range can only be satisfied by a sentence of imprisonment.

To further information about the Sentencing Table, you can read all about it in The Federal Sentencing Guidelines Manual.

The Morales Law Firm would like to thank Mad Dogs guide to Club Fed (Instruction Manuel for Newcomers) for sharing this information with us.

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Tags: defendant, guilty, offense, crime, violence, sentencing