NCJ Number
152339
Date Published
1993
Length
796 pages
Annotation
This manual presents the base offense level, offense characteristics, cross reference, and commentary for Federal Code offenses under the Federal sentencing guidelines.
Abstract
The first chapter provides an introduction and general application principles. Topics discussed include authority, the statutory mission, the basic approach, and the guidelines' resolution of major issues. Guidelines application instructions are provided in this chapter. The guidelines apply to more than 90 percent of all felony and Class A misdemeanor cases in the Federal courts. The Sentencing Commission has established a sentencing table that for technical and practical reasons contains 43 levels. Each level in the table prescribes ranges that overlap with the ranges in the preceding and succeeding levels. By overlapping the ranges, the table should discourage unnecessary litigation. For each offense this manual provides the number of the base offense level. The commentary that accompanies the guideline instruction for each offense may serve a number of purposes. First, it may interpret the guideline or explain how it is to be applied. Failure to follow such commentary could constitute an incorrect application of the guidelines, subjecting the sentence to possible reversal on appeal. Second, the commentary may suggest circumstances that, in the view of the commission, may warrant departure from the guidelines. Finally, the commentary may provide background information, including factors considered in promulgating the guideline or reasons underlying promulgation of the guideline. One appendix is a statutory index; a second appendix provides selected sentencing statutes; and the third appendix contains amendments to the Sentencing Guidelines Manual.