Federal - Chapter 5 Sentencing Flashcards

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1
Q

In what Zones is a D eligible for probation?

A

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

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2
Q

What does Commission say about departing from Zone C to B?

A

That is should only be done for treatment options of substance or alcohol abusers or those with significant mental illness.

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3
Q

What term of probation is recommended?

A

If Offense Level is 6 or greater, Commission recommends 1 year or greater
5 or lower, no more than 3 years

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4
Q

What are the mandatory terms of felony probation?

A

At least one: (1) restitution; (2) fine; or (3) community service

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5
Q

What is mandatory for sex offenders?

A

Must participate in treatment and is subject to registration and reporting requirements.

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6
Q

When does a federal prison sentence begin?

A

Date D is received into custody

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7
Q

What does D get credit for?

A

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

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8
Q

What if Guidelines don’t fit in the statutory minimum/maximum?

A

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

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9
Q

AMENDMENT to Guideline: Multiple counts, how is punishment imposed?

A

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

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10
Q

What is the requirement for probation for a 6 to 10 month sentence?

A

Must have confinement for one month.

Confinement may be: weekends, halfway house (community confinement); home detention

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11
Q

Can a court impose a longer prison sentence to ensure treatment?

A

No, Tapia 2011

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12
Q

Are federal sentences to run concurrent or consecutive?

A

Imprisonment shall be concurrent unless court or statute says otherwise.

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13
Q

What sentences must run concurrently?

A

Sentence for attempt and for another offense that was the “sole objective” of the attempt must run concurrently.

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14
Q

What about Federal court ordering sentence to run consecutive to state sentence?

A

Federal Court can order sentence to run consecutively to UNIMPOSED state sentence.

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15
Q

What about federal court ordering sentence to run consecutively with unimposed federal sentence?

A

Cannot do it.

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16
Q

Do new offenses while serving sentence require consecutive sentences?

A

If D in prison when new offense, YES

If D on parole or probation, Recommended

17
Q

What is someone spends time in State custody?

A

Request downward departure based on that time

18
Q

How much time does D serve if he is sentenced to a year of less?

A

Will serve his time FLAT

19
Q

After one year, can someone be eligible for parole?

A

After serving 1 year, a person can earn up to 54 days “good time credit” per year

20
Q

What is “compassionate release”?

A

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

21
Q

When is “supervised release” mandatory?

A

When D is sentenced to more than 1 year

22
Q

How long for supervised release?

A

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

23
Q

Can court give “supervised release” to a deportable alien?

A

Yes, but not recommended, and Court must give some explanation (not much)