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Flashcards in Federal - Chapter 5 Sentencing Deck (23)
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1

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

2

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.

3

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

4

What are the mandatory terms of felony probation?

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

5

What is mandatory for sex offenders?

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

6

When does a federal prison sentence begin?

Date D is received into custody

7

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

8

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

9

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

10

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

11

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

No, Tapia 2011

12

Are federal sentences to run concurrent or consecutive?

Imprisonment shall be concurrent unless court or statute says otherwise.

13

What sentences must run concurrently?

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

14

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

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

15

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

Cannot do it.

16

Do new offenses while serving sentence require consecutive sentences?

If D in prison when new offense, YES
If D on parole or probation, Recommended

17

What is someone spends time in State custody?

Request downward departure based on that time

18

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

Will serve his time FLAT

19

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

20

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

21

When is "supervised release" mandatory?

When D is sentenced to more than 1 year

22

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

23

Can court give "supervised release" to a deportable alien?

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