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(b) If the applicable guideline range is in Zone A of the Sentencing Table, a sentence of imprisonment is not required, unless the applicable guideline in Chapter Two expressly requires such a term. A longer period may be imposed to accomplish the objectives of a specific rehabilitative program, such as drug rehabilitation. (a) Except as provided in subsection (e), the sentence to be imposed on a count for which the statute (1) specifies a term of imprisonment to be imposed; and (2) requires that such term of imprisonment be imposed to run consecutively to any other term of imprisonment, shall be determined by that statute and imposed independently. (ii) Whether the underlying offenses are groupable under §3D1.2 (Groups of Closely Related Counts). Defendant A and Defendant B are each convicted of the same four counts. § 924(c) count to run consecutively to the sentence on the 21 U. (D) .—The following is an example in which subsection (b) applies and an adjustment to the sentence is appropriate: The defendant is convicted of a federal offense charging the sale of 90 grams of cocaine.
The court may impose other conditions of probation to the extent that such conditions (1) are reasonably related to (A) the nature and circumstances of the offense and the history and characteristics of the defendant; (B) the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (C) the need for the sentence imposed to afford adequate deterrence to criminal conduct; (D) the need to protect the public from further crimes of the defendant; and (E) the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and (2) involve only such deprivations of liberty or property as are reasonably necessary for the purposes of sentencing indicated in 18 U. (2) After initially reporting to the probation office, the defendant will receive instructions from the court or the probation officer about how and when to report to the probation officer, and the defendant shall report to the probation officer as instructed. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and (B) pay the assessment imposed in accordance with 18 U. (6) The defendant shall allow the probation officer to visit the defendant at any time at his or her home or elsewhere, and the defendant shall permit the probation officer to take any items prohibited by the conditions of the defendant's supervision that he or she observes in plain view. If there is a courtestablished payment schedule for making restitution or paying the assessment ( 18 U. (7) The defendant shall notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, fines, or special assessments ( 18 U. If the defendant plans to change where he or she lives or anything about his or her living arrangements (such as the people the defendant lives with), the defendant shall notify the probation officer at least 10 days before the change.Introductory Commentary For certain categories of offenses and offenders, the guidelines permit the court to impose either imprisonment or some other sanction or combination of sanctions. The Criminal History Category (I-VI) forms the horizontal axis of the Table. For example, where the offense level is 7 and the criminal history category is II, the guideline range from the Sentencing Table is 2-8 months. If a defendant has an offense level of 6 or greater, the guidelines provide that a term of probation be at least one year but not more than five years. (12) If the probation officer determines that the defendant poses a risk to another person (including an organization), the probation officer may require the defendant to notify the person about the risk and the defendant shall comply with that instruction.In determining the type of sentence to impose, the sentencing judge should consider the nature and seriousness of the conduct, the statutory purposes of sentencing, and the pertinent offender characteristics. The intersection of the Offense Level and Criminal History Category displays the Guideline Range in months of imprisonment. For example, the guideline range applicable to a defendant with an Offense Level of 15 and a Criminal History Category of III is 24-30 months of imprisonment. In rare cases, a total offense level of less than 1 or more than 43 may result from application of the guidelines. Probation may be used as an alternative to incarceration, provided that the terms and conditions of probation can be fashioned so as to meet fully the statutory purposes of sentencing, including promoting respect for law, providing just punishment for the offense, achieving general deterrence, and protecting the public from further crimes by the defendant. § 3561(a)(2); (3) the defendant is sentenced at the same time to a sentence of imprisonment for the same or a different offense, 18 U. In such a case, the court may impose a sentence of probation only if it imposes a condition or conditions requiring at least two months of community confinement, home detention, or intermittent confinement, or a combination of community confinement, home detention, and intermittent confinement totaling at least two months. § 3561(a)(3), the imposition of a sentence of probation is prohibited where the defendant is sentenced at the same time to a sentence of imprisonment for the same or a different offense. § 3651, the drafters of the Sentencing Reform Act noted that the functional equivalent of the split sentence could be "achieved by a more direct and logically consistent route" by providing that a defendant serve a term of imprisonment followed by a period of supervised release. Although some distinction in the length of a term of probation is warranted based on the circumstances of the case, a term of probation may also be used to enforce conditions such as fine or restitution payments, or attendance in a program of treatment such as drug rehabilitation. (2) For a felony, the defendant shall (A) make restitution, (B) work in community service, or (C) both, unless the court has imposed a fine, or unless the court finds on the record that extraordinary circumstances exist that would make such a condition plainly unreasonable, in which event the court shall impose one or more of the discretionary conditions set forth under 18 U. The probation officer may contact the person and confirm that the defendant has notified the person about the risk.A sentence is within the guidelines if it complies with each applicable section of this chapter. A total offense level of less than 1 is to be treated as an offense level of 1. (1) the applicable guideline range is in Zone A of the Sentencing Table; or (2) the applicable guideline range is in Zone B of the Sentencing Table and the court imposes a condition or combination of conditions requiring intermittent confinement, community confinement, or home detention as provided in subsection (c)(3) of §5C1.1 (Imposition of a Term of Imprisonment). § 3561(a)(1); (2) the offense of conviction expressly precludes probation as a sentence, 18 U. : This section provides for the imposition of a sentence of probation. Although this provision has effectively abolished the use of "split sentences" imposable pursuant to the former 18 U. Often, it may not be possible to determine the amount of time required for the satisfaction of such payments or programs in advance. (13) The defendant shall follow the instructions of the probation officer related to the conditions of supervision.
The court should impose a sentence sufficient, but not greater than necessary, to comply with the statutory purposes of sentencing. An offense level of more than 43 is to be treated as an offense level of 43. The Criminal History Category is determined by the total criminal history points from Chapter Four, Part A, except as provided in §§4B1.1 (Career Offender) and 4B1.4 (Armed Career Criminal). (1) the offense of conviction is a Class A or B felony, 18 U. The court may sentence a defendant to a term of probation in any case unless (1) prohibited by statute, or (2) where a term of imprisonment is required under §5C1.1 (Imposition of a Term of Imprisonment). This issue has been resolved by setting forth two broad ranges for the duration of a term of probation depending upon the offense level. (A) If the defendant has one or more dependents — a condition specifying that the defendant shall support his or her dependents.
If the defendant does not have full-time employment he or she shall try to find full-time employment, unless the probation officer excuses the defendant from doing so.
(6) The defendant shall (A) make restitution in accordance with 18 U. (7) The defendant shall work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses the defendant from doing so.
§ 3553(a) ( (1) The defendant shall report to the probation office in the federal judicial district where he or she is authorized to reside within 72 hours of the time the defendant was sentenced, unless the probation officer instructs the defendant to report to a different probation office or within a different time frame.
If an installment schedule of payment of restitution or a fine is imposed — a condition prohibiting the defendant from incurring new credit charges or opening additional lines of credit without approval of the probation officer unless the defendant is in compliance with the payment schedule.
For example, if the defendant has an Offense Level of 20 and a Criminal History Category of I, the applicable guideline range is 33-41 months of imprisonment. However, alternative means of surveillance may be used so long as they are as effective as electronic monitoring. The court may impose other conditions of probation or supervised release appropriate to effectuate home detention. In all other respects, sentences on all counts shall run concurrently, except to the extent otherwise required by law. § 924(c) or § 929(a) count shall be imposed to run consecutively to any other count. For example, the court should consider the appropriateness of imposing consecutive, or partially consecutive, terms of imprisonment for multiple counts of 18 U. Because of the 10-year mandatory minimum on Count 2, however, Defendant A's guideline sentence is 120 months. After considering that guideline sentence, the court determines that the appropriate "total punishment" to be imposed on Defendant A is 120 months. (ii) The defendant is convicted of one count of 18 U. The court determines that a sentence of 13 months provides the appropriate total punishment.