Federal Sentencing - Offense Level Flashcards
Where is “Base Offense Level” information found in Sentencing Guidelines?
Chapter 2
How is “racketeering” offense level generally determined?
By the underlying crime - the CRT looks at the closest federal analogous offense
SG 2E1.1,2,3
What’s the base offense level for “conspiracy, attempt, or solicitation”?
Generally, the same as the underlying offense, plus an adjustment for “intended offense conduct that can establish to a reasonable certainty”
SG 2X1.1
What is the limitation on “Conspiracy” concerning the CRT sentencing on relevant conduct?
The CRT’s consideration is limited to the OBJECT of the conspiracy, not relevant conduct
So, mail fraud to collect life insurance check of dead guy, can’t be punished for murder as relevant conduct.
SG 3D1.2
“Multipurpose Conspiracy” what does the jury have to decide?
The jury does not have to decide on the purpose.
The CRT must sentence on the LEAST severe purpose of the conspiracy UNLESS purpose was proved beyond a reasonable doubt.
1B1.2 note 5
How is “aiding and abetting” base offense level determined?
Same as underlying offense.
How is “accessory after the fact” base offense level determined?
6 levels lower than underlying offense (max of 20 UNLESS terrorism, then max of 30)
How is base level of “misprision of a felony” determined?
9 levels lower than underlying offense
minimum of lev. 4 and max. of lev. 19
SG 2X4.1
What is “misprision of a felony”?
Knowledge of commission of a felony and CONCEALS and doesn’t make known to authorities
Fine & up to 3 yrs. imprisonment
18 USC 4
How is base level of “inchoate offense” determined?
IF D unsuccessful 3 level reduction UNLESS all steps are completed for commission of the offense
2X1.1
NO REDUCTION FOR TERRORISM
What is the 5th Circuit test for “inchoate offenses”?
The 5th said consider:
1. The substantive offense and D conduct and relation to the offense;
2. the reduction is not required MERELY b/c significant steps remain IF offense is inevitable
3. Balance the specific acts remaining
4. Consider time frame needed to complete
5. Consider degree of preparedness to complete remaining steps
(Only use if no specific SG (i.e. attempted bank robbery, don’t use)
What is the base offense level for USING a border tunnel?
Add 4 to the underlying offense for smuggling guns, aliens, drugs, etc.
minimum of 16
What is the base offense level for FINANCING or CONSTRUCTING a border tunnel?
BOL 16
What is the base level is D is RECKLESS about a tunnel being constructed on their land?
BOL 8
What is the base offense level for operating a submersible to evade detection?
BOL 26
