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An Independent Guide to the Federal Sentencing Guidelines
The U.S. Sentencing Guidelines, while advisory since United States v. Booker (2005), remain the starting point for every federal sentence. The guideline calculation involves determining the base offense level, applying specific offense characteristics, and the criminal history category.
Downward departures are available for specific circumstances: substantial assistance to the government, aberrant behavior, diminished capacity, and others. Variances under 18 USC 3553(a) allow judges to sentence outside the guideline range.
The Presentence Investigation Report is the single most important document in federal sentencing. Understanding the PSR — its findings, calculations, and potential errors — is essential to any informed sentencing.
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