Sentences with phrase «sentence than the guidelines»

The applicable version of the guidelines: Rite does not address directly or even indirectly the Seventh Circuit's view (discussed here and here) that, after Booker, district courts should apply the most recent version of the now - advisory guidelines even when they recommend a longer sentence than the guidelines applicable at the time of the defendant's crime.

Not exact matches

For that reason, he said the sentencing guidelines are «irrational and silly» and «not worthy of consideration» since they would recommend a «bizarre» sentence greater than what Congress would give.

Davis notes that in spite of a CBA that occupies 316 pages of mostly single - spaced sentences, the NFL has not bargained for «anything regarding dating, contacting or fraternizing cheerleaders or anyone» or for «any rules or guidelines for social media, posting or appearances other than as it relates to promoting products.»

Skelos was also fined $ 500,000 - far more than federal sentencing guidelines recommended - and the judge ordered Skelos and his son to jointly forfeit another $ 334,120 in assets.

He said the maximum sentence if the government is successful is 20 years and prison and a $ 250,000 fine but under federal sentencing guidelines it would likely be substantially less than that.

They wrote that they had no quarrel with the probation office's calculation of federal sentencing guidelines — which called for 21 years and 10 months on the low end and 27 years and three months on the high — and they felt he deserved much more than the 10 years the office recommended.

But sentencing guidelines announced this week could mean 3,000 fewer people each year being jailed for assault, which could save the prison service more than # 16m a year.

Boyland Jr., who represented a district comprising of Bushwick, Crown Heights, Bedford - Stuyvesant and Brownsville, was sentenced this past September to 14 years in federal prison — less than the 20 - year term requested by prosecutors and recommended by federal sentencing guidelines, according to the Times.

U.S. District Senior Judge Thomas J. McAvoy will rely on federal sentencing guidelines if he sentences Scarborough, and must publicly state his justifications if he sentences the lawmaker to less or more time than are called for in the guidelines, which take into account factors such as a defendant's criminal history and acceptance of responsibility for their crimes.

«Softer» drugs like marijuana are allowed for medicinal use, and possession for non-licensed individuals may result in a misdemeanor rather than a felony, but even for marijuana there's a mandatory minimum sentencing guideline.

He ruled that the discs were worth $ 700,000, and sentenced Lundgren to 15 months in prison — far less than the 36 to 47 months called for by federal sentencing guidelines — and a $ 50,000 fine.

However, one can also validly say that, in FY 2006, the number of departures have nearly doubled and that the number of within - guideline sentences remains well lower after Booker than before Booker.

I suppose that, the Honorable Sim Lake, as a committee chair for the US Sentencing Commission, is allowing his personal allegience to the claimed «reasonableness» of the Sentencing guidelines and his personal interest in supporting his own previous ruling of «loss» in this case is getting in the way of his duty to be a judge (rather than the head of the prosecution team in this specific matter).

Aaron, I think that the majority opinion expressly rejects Judge Young's logic in the Griffith opinion: It is acceptable for «the sentencing judge [to] impos [e] a sentence higher than the Guidelines provide for the jury - determined facts standing alone.»

Defended an individual after plea - convicted of money - laundering conspiracy for misuse of U.S. Department of Agriculture Rural Utility Service funds, and obtained a downward departure from federal sentencing guidelines of more than 20 levels, from a substantial sentence of incarceration to a sentence of probation

Can someone explain the meaning of this sentence on page 14 of the majority opinion: «As far as the law is concerned, the judge could disregard the Guidelines and apply the same sentence (higher than the statutory minimum or the bottom of the unenhanced Guidelines range) in the absence of the special facts (say, gun brandishing) which, in the view of the Sentencing Commission, would warrant a higher sentence within the statutorily permissible range.»

If the Supreme Court decides in Rita that the focal point of the analysis is the correspondence between the sentence imposed and the parsimony provision, and that the Guidelines are no more important than any other 3553 (a) factor, then the loss of Claiborne wouldn't seem to do much.

Moreover, and perhaps even more disturbing, neither the district court or the Eighth Circuit panel explained why they view as «sufficient but not greater than necessary» for Otterson a prison sentence of 235 months (at the top of the applicable guideline range), instead of a sentence of, say, 188 months (at the bottom of the range).

Black, 63, a Canadian - born member of the British House of Lords renowned for his flamboyant way with words, had faced up to slightly more than 8 years in prison under sentencing guidelines determined earlier Monday by U.S. District Judge Amy J. St. Eve.

The Rita opinion for the Court further explains that «where judge and Commission both determine that the Guidelines sentences is an appropriate sentence for the case at hand, that sentence likely reflects the § 3553 (a) factors (including its «not greater than necessary» requirement).»

They detest it and (before the guidelines) would give harsher sentences than other judges would,» said former Montgomery County Circuit Judge William Shashy who retired this past month.

Adding all this up — and again keeping in mind the USSC's own official, repeated and emphatic assertions that the crack guidelines are «greater than necessary» to achieve serve § 3553 (a)-- shouldn't a circuit court view a within - guideline crack sentences as presumptively unreasonable?

The United States Sentencing Commission has requested public comment for propesed amendments to sentencing guidelines not later than March 25 regarding retroactive apSentencing Commission has requested public comment for propesed amendments to sentencing guidelines not later than March 25 regarding retroactive apsentencing guidelines not later than March 25 regarding retroactive application.

Instead, as a quick review of Congress's express commands in section 3553 (a) of the Sentencing Reform Act makes clear, Congress told judges to «impose a sentence sufficient, but not greater than necessary, to comply with» the traditional purposes of sentencing (while also considering various relevant facts and factors including the guSentencing Reform Act makes clear, Congress told judges to «impose a sentence sufficient, but not greater than necessary, to comply with» the traditional purposes of sentencing (while also considering various relevant facts and factors including the gusentencing (while also considering various relevant facts and factors including the guidelines).

Unfortunately, although a jury might often present a higher chance of acquittal than the judge - trial option, if the jury convicts, it will recommend the sentence without the benefit of knowing the voluntary sentencing guidelines, reading a presentence report, nor being permitted to recommend a suspended sentence, a probation period, nor community service nor counseling in place of active jail and a recommended fine amount.

The difference would be that on appellate review, rather than reviewing a within - guidelines, presumptively - reasonable sentence, the Court would be reviewing a way - above - guidelines sentence — which of course it could still affirm as substantively reasonable.

First, if the guidelines are completely non-severable in all cases (as two district judges have held), she has a right to resentencing; at resentencing she would have a reasonable argument that the SRA's requirement of «a sentence sufficient, but not greater than necessary,» would call for a sentence with no jail time.

That defendant would seem to have an incentive to obstruct justice, in order to create a Blakely factor, so that then a judge could be free to sentence lower than the guidelines.

Will a defendant be able to argue simply that an imposed sentence, no matter how low as compared to the advisory guidelines, was still «greater than necessary» to comply with the purposes specified in the Sentencing Reform Act?

The American criminal justice system is far from being sufficiently enlightened, starting by too many presumed - innocent people caged without bond pending sentencing, moving to Virginia's crabbed criminal discovery system, continuing to Virginia's system that allows prosecutors to scare defendants to plead guilty by their refusal to waive a jury that in many instances and locations can mean more racist jurors than judges on top of the jurors often being more wild cards than judges for sentencing, continuing to the many judges who choose judicial efficiency over a fair trial, continuing to the brutal capital punishment system, cntinuing to excessive mandatory minimum and guideline sentencing, and continuing to the slew of innocent convicted people (many of whom plead gulilty rather than risking a worse fate), and continuing to frequently excessive sentences and excessive probation violation sentences.

As a result, Tate disagreed that the judge had determined a sentencing guidelines range that was higher than called for by the sentencing guidelines, but the prosecutor simply asked for a sentence at the low end of the guidelines range determined by the trial judge.

US District Judge Richard Kopf (Neb):» [J] udges obviously know more about the individuals we sentence than many other people [but] the significance of this truism to the statutory goals of sentencing is often zilch... [T] he importance of «knowing the person» is overstated by those who want excuses to do something different than what the Guidelines dictate....

Our analysis of sentencing data provided by the Minnesota Sentencing Guidelines Commission reveals in gun cases across all of Minnesota, judges give less than the mandatory minimum sentence 53 % ofsentencing data provided by the Minnesota Sentencing Guidelines Commission reveals in gun cases across all of Minnesota, judges give less than the mandatory minimum sentence 53 % ofSentencing Guidelines Commission reveals in gun cases across all of Minnesota, judges give less than the mandatory minimum sentence 53 % of the time.

Though some crack defendants received statutory minimum sentences (which the new guidelines do not change), it's likely the new guidelines could directly impact more than 4,000 federal sentencing cases every year.

U.S. District Court Chief Judge Mark Wolf's sentence was harsher than federal guidelines and went beyond prosecutors» recommendation for a 21 - month prison term.

The guideline sentence in Alberta for possessing cocaine in a commercial trafficking operation that is more than minimal in scale is three years imprisonment.

In FY 2017, 20.1 percent of the sentences imposed were departures or variances below the guideline range other than at the government's request, compared to 20.8 percent in fiscal year 2016.

In its consideration of the § 3553 (a) factors, the district court correctly found in the exercise of its discretion that other facts warranted a sentence lower than that recommended by the Guidelines range.

The [Enron] Task Force says the district court was prohibited from considering the sentence imposed on former Enron CAO Richard Causey because the Guidelines and sentencing statutes concern «nationwide» disparities rather than those among co-defendants.

The sentence was more than five years under the sentencing range outlined in the federal sentencing guidelines, but over Dubina's dissent, two other judges affirmed the seven - year term.

The recently promulgated sentencing guidelines on offences under the Sexual Offences Act 2003 clearly envisage the passing of determinate sentences in many cases of rape where the salient features of the offence mirror those identified in this case, or, indeed, in cases more serious in themselves than this case.

The fact that the Guidelines are promulgated by the Sentencing Commission, rather than Congress, is constitutionally irrelevant.

In 2003 the Sentencing Guidelines Council (SGC), set up under the Criminal Justice Act 2003, took over the issuing of guidelines, with the panel now advising the SGC rather than the Court Guidelines Council (SGC), set up under the Criminal Justice Act 2003, took over the issuing of guidelines, with the panel now advising the SGC rather than the Court guidelines, with the panel now advising the SGC rather than the Court of Appeal.

New Sentencing Council guidelines, published this week and due to take effect on 1 February 2016, provide for unlimited fines and a starting point of # 7.5 m on organisations with a turnover of more than # 50m, for corporate manslaughter.

The sentencing judge, however, found that they had engaged in the charged conspiracy and, relying largely on that finding, imposed sentences that petitioners say were many times longer than those the Guidelines would otherwise have recommended.

He told me before sentencing that if I had been convicted and sentenced before the Guidelines were enacted, he didn't belive any Judge in America would have sentenced me to more than 1 year for, and I quote him «this bullshit!»

There is much in this story and in this high - profile sentencing that merits commentary, but I am especially struck by the decision by federal prosecutors to request a sentence here that is more than a decade below the advisory guideline range.

Also, the astronauts, under the Federal Sentencing Guidelines, will likely face a much harsher sentence than if powder cocaine had been discovered.