How the Federal Sentencing Guidelines Work: Two Examples (CRS Report for Congress)
Premium Purchase PDF for $24.95 (52 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
April 4, 2005 |
| Report Number |
RL32846 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Until recently, the federal Sentencing Guidelines determine the sentences imposed as punishment
for most federal crimes. They are now only advisory, but remain a major sentencing consideration.
The guidelines system is essentially a scorecard system. This is a discussion of how the system
works using two relatively simple examples -- one involving a terrorism-related crime and the other
involving drug trafficking -- and following this roadmap:
I. Identify the applicable guideline which sets the base offense level for the crime(s) of
conviction
(i.e., the level assigned based on the nature of the offense):
A. Add levels to account for the presence of any aggravating factors indicated
in the guideline.
B. Subtract levels to account for any mitigating factors designated in the
guideline.
II. Adjust (levels added and subtracted) for:
A. Victim-related
B. Role in the offense
C. Obstruction
D. Multiple counts
E. Acceptance of responsibility.
III. Find the criminal history category (assign points for criminal record).
IV. Consider career offender alternative (required in some cases).
V. Consider whether departures are appropriate.
VI. Convert using sentencing table (final offense level points/criminal history points =
sentencing
range).
A. Imprisonment
B. Probation
C. Supervised release
D. Restitution
E. Fine
F. Forfeiture
G. Special assessments.
Abridged versions of portions of this report -- without its footnotes, appendices, or most of its
quotations and citations to authority -- are available as CRS Report RS22104(pdf) , Sentencing Under
the
Federal Sentencing Guidelines: An Abridged Controlled Substance Example , and CRS Report RS22105(pdf) , Sentencing Under the Federal Sentencing Guidelines: An Abridged Terrorism Related
Example .
