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Flashcards in Federal Sentencing - Adjustment Deck (57)
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1

Vulnerable Victims
What makes a victim "unusually vulnerable"?

age, physical or mental condition, or particularly susceptible to criminal conduct
SG 3A1.1
It doesn't have to play a part in the offense

2

Vulnerable Victims
What is the adjustment for "unusually vulnerable" victim?

If D "knew or should have known" +2 levels
If D "intentionally selected" +3 levels
If offense included "large number" of vics. +2 additional levels

3

Vulnerable Victims
Does the victims "vulnerability" need to play a role in the offense?

NO. Just needs to be "reasonably foreseeable" to the D

4

Hated Victims
What characteristics for this enhancement?

beyond a reasonable doubt "actual or perceived" race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation
SG 3A1.1

5

Hated Victims AND Vulnerable Victims

CUMMULATIVE if victim is vulnerable for another reason than the reason for being hated

6

Hated Victims Selected
What's the adjustment?

3 levels

7

Hated Victims
Gender selection and "sex crimes"?

Cannot adjust for both

8

Official Victims
What does the Gov't have to prove for this adjustment?

"crime was motivated by status" as official (gov. official, former official, or immediate family member of official)
SG 3A1.2

9

Official Victims
What adjustment is there for official victim?

+ 3 levels UNLESS
+ 6 for "Offense Against the Person" or substantial risk of SBI

10

Is Official Victims adjustment for Official organizations?

NO, for persons

11

Physical Restraint of Victim

+ 2 levels
UNLESS restraint was an element of offense
Need not actually be the "VICTIM" of the offense
Even lawful restraint!!
SG 3A1.3

12

What is a "federal crime of terrorism"?

Offense "calculated to influence or affect the conduct of the government by intimidation or coercion, or to retaliate against government conduct; and" is one of certain enumerated offenses such as attacks on airports, gov. officials, gov. property, and use of nuclear, bio, and chemical weapons
18 USC 2332

13

What is the "International Terrorism" adjustment?

+ 12 levels
minimum level of 32

14

What is a "serious human rights violation"?

means a violation of federal criminal law relating to genocide, torture, war crimes, and the use of recruitment of child soldiers"
SG 3A1.4 note 1

15

What is the "serious human rights violation" adjustment?

2 and 4 level depending on seriousness
3A1.4

16

Role in Offense - Aggravating
What are the "leadership roles"?

Organizer or leader
Manager or Supervisor

17

Role in Offense - Aggravating
What kind of activity does "leadership roles" apply to?

D was an "organizer or leader of criminal activity that involved 5 or more participants or was otherwise extensive."

18

Role in Offense - Aggravating
What is the adjustment for "organizer or leader"?

(5 or more participants or extensive activity)
+ 5 levels

19

Role in Offense - Aggravating
What is the adjustment for "manager or supervisor"?

(5 or more participants or extensive activity)
+ 3 levels

20

Role in Offense - Aggravating
What factors do you consider in determining "Roles"?

1. Decision making authority;
2. Nature of participation;
3. Recruitment of accomplices;
4. Share of "fruits" of crime;
5. Scope of illegal activity;
6. Degree of participation or planning;
7. Degree of control over others

21

Role in Offense - Aggravating
What must government prove?

1. Requisite number of participants (only criminally responsible actors are considered "participants")
2. Actually that D is "leader"
3. Role must be "anchored" in transaction of conviction
4. D only need to supervise ONE (not 5)

22

Role in Offense - Mitigating
What are the "mitigating" roles called?

"minimal participant" - plainly least culpable
"minor participant" - less culpable, but not minimal

23

Role in Offense - Mitigating
What is the adjustment for the "mitigating" roles?

"minimal participant" (plainly least culpable) - 4
"minor participant" (less culpable, but not minimal) - 2

24

Role in Offense - Aggravating
How does it interplay with "Abuse of Position or Skill"?

Role + Abuse of Trust = OK
Role + Abuse of Skill = NO

25

Abuse of Position or Skill
What is the adjustment for "abuse of position or skill"?

+ 2 levels

26

Abuse of Position or Skill
What must happen?

D must abuse SPECIAL trust or skill

27

Abuse of Position
What is the 5th Cir. TEST?

Two part:
1. Occupied superior position relative to others;
2. Abused that position to "significantly facilitate offense"

28

Abuse of Position
Through a third party?

+2 applies still

29

Abuse of Skill
What constitutes a "skill"?

"skill not possessed by general public and usually requiring substantial education, training, or licensing"

30

Abuse of Skill
What must the Gov't prove?

1. "skill not possessed by general public and usually requiring substantial education, training, or licensing"
2. Skill used to facilitate offense