Federal - Chapter 5 Sentencing Flashcards
In what Zones is a D eligible for probation?
Zone A - court may impose probation
Zone B - court may impose probation IF also imposes intermittent or community confinement
No probation for Class A or B Felonies, or if statute prohibits it
What does Commission say about departing from Zone C to B?
That is should only be done for treatment options of substance or alcohol abusers or those with significant mental illness.
What term of probation is recommended?
If Offense Level is 6 or greater, Commission recommends 1 year or greater
5 or lower, no more than 3 years
What are the mandatory terms of felony probation?
At least one: (1) restitution; (2) fine; or (3) community service
What is mandatory for sex offenders?
Must participate in treatment and is subject to registration and reporting requirements.
When does a federal prison sentence begin?
Date D is received into custody
What does D get credit for?
detention prior to sentencing: (1) as a result of the offense for which sentence imposed; or (2) as the result of other charges if that time has not been credited toward another sentence
What if Guidelines don’t fit in the statutory minimum/maximum?
If min mand. more than Guideline, sentence mind. mand.
If max. mand. is less than Guideline, sentence max. mand.
Then run sentences consecutively to the extent required to reach the minimum
AMENDMENT to Guideline: Multiple counts, how is punishment imposed?
The total punishment shall be imposed on all counts, except to extent required by law
SO, a non-minimum count will receive the mandatory minimum sentence (like another count) so long as the mandatory minimum doesn’t exceed the count’s maximum
What is the requirement for probation for a 6 to 10 month sentence?
Must have confinement for one month.
Confinement may be: weekends, halfway house (community confinement); home detention
Can a court impose a longer prison sentence to ensure treatment?
No, Tapia 2011
Are federal sentences to run concurrent or consecutive?
Imprisonment shall be concurrent unless court or statute says otherwise.
What sentences must run concurrently?
Sentence for attempt and for another offense that was the “sole objective” of the attempt must run concurrently.
What about Federal court ordering sentence to run consecutive to state sentence?
Federal Court can order sentence to run consecutively to UNIMPOSED state sentence.
What about federal court ordering sentence to run consecutively with unimposed federal sentence?
Cannot do it.
Do new offenses while serving sentence require consecutive sentences?
If D in prison when new offense, YES
If D on parole or probation, Recommended
What is someone spends time in State custody?
Request downward departure based on that time
How much time does D serve if he is sentenced to a year of less?
Will serve his time FLAT
After one year, can someone be eligible for parole?
After serving 1 year, a person can earn up to 54 days “good time credit” per year
What is “compassionate release”?
Release based on “extraordinary and compelling reasons” or when D is at least 70 and served 30 years and is not a danger
Rehabilitation is not “extraordinary”
What is extraordinary:
1. terminal illness
2. deteriorating physical or mental health
3. Death or incapacitation of D’s only family that could take care of D’s minor children
When is “supervised release” mandatory?
When D is sentenced to more than 1 year
How long for supervised release?
Class A or B Felony 3-5 years
Class C or D Felony 2-3 years
Class E Felony or A Misd. 1 year
Terrorism and risk of SBI - same as mind. mand. up to life
Kidnapping minor or Child Sex Crime - life
Can court give “supervised release” to a deportable alien?
Yes, but not recommended, and Court must give some explanation (not much)
