Sentencing Commissions Guidelines Manual 2021

Sentencing Commissions Guidelines Manual 2021
Title:
Sentencing Commissions Guidelines Manual 2021
Agency Publisher: 
Format:
Hardcover
USA Price: 
Stock:
In stock
GPO Stock Number:
052-070-07784-1
Description

Data collected by the Sentencing Commission reflect that organizations are sentenced for a wide range of crimes. The most commonly occurring offenses (in order of decreasing frequency) are fraud, environmental waste discharge, tax offenses, antitrust offenses, and food and drug violations. 

The organizational sentencing guidelines (which apply to corporations, partnerships, labor unions, pension funds, trusts, non-profit entities, and governmental units) became effective November 1, 1991, after several years of public hearings and analyses.

These guidelines are designed to further two key purposes of sentencing: “just punishment” and “deterrence.”  Under the “just punishment” model, the punishment corresponds to the degree of blameworthiness of the offender, while under the “deterrence” model, incentives are offered for organizations to detect and prevent crime.

The United States Sentencing Commission is an independent agency in the judicial branch of government. Its principal purposes are: (1) to establish sentencing policies and practices for the federal courts, including guidelines to be consulted regarding the appropriate form and severity of punishment for offenders convicted of federal crimes; (2) to advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (3) to collect, analyze, research, and distribute a broad array of information on federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public.

 

Table of Contents

CHAPTER ONE INTRODUCTION, AUTHORITY, AND GENERAL APPLICATION PRINCIPLES  1

Part A ― Introduction and Authority 1 1.

Original Introduction to the Guidelines Manual  1 2.

Continuing Evolution and Role of the Guidelines 13 3.

Authority 16

Part B ― General Application Principles 17

CHAPTER TWO OFFENSE CONDUCT 50

Part A ― Offenses Against the Person 50

1. Homicide 50

2. Assault 53

3. Criminal Sexual Abuse and Offenses Related to Registration as a Sex Offender 59

4. Kidnapping, Abduction, or Unlawful Restraint 72

5. Air Piracy and Offenses Against Mass Transportation Systems 75

6. Threatening or Harassing Communications, Hoaxes, Stalking, and Domestic Violence 77

Part B ― Basic Economic Offenses 82

1. Theft, Embezzlement, Receipt of Stolen Property, Property Destruction, and Offenses Involving Fraud or Deceit 82

2. Burglary and Trespass 111

3. Robbery, Extortion, and Blackmail  115

4. Commercial Bribery and Kickbacks  121

5. Counterfeiting and Infringement of Copyright or Trademark 124

6. Motor Vehicle Identification Numbers  130

Part C ― Offenses Involving Public Officials and Violations of Federal Election Campaign Laws 131

Part D ― Offenses Involving Drugs and Narco-Terrorism  142

1. Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise 142

2. Unlawful Possession 189

3. Regulatory Violations 191

Part E ― Offenses Involving Criminal Enterprises and Racketeering 193

1. Racketeering  193

2. Extortionate Extension of Credit 196

3. Gambling 197

4. Trafficking in Contraband Cigarettes and Smokeless Tobacco  199

5. Labor Racketeering  199

Part F ― [Deleted] 203

Part G ― Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity  204

1. Promoting a Commercial Sex Act or Prohibited Sexual Conduct 204

2. Sexual Exploitation of a Minor 211

3. Obscenity  221

Part H ― Offenses Involving Individual Rights 225

1. Civil Rights  225

2. Political Rights 227

3. Privacy and Eavesdropping 228

4. Peonage, Involuntary Servitude, Slave Trade, and Child Soldiers 231

Part I ― [Not Used] 233

Part J ― Offenses Involving the Administration Of Justice 234

Part K ― Offenses Involving Public Safety 243

1. Explosives and Arson  243

2. Firearms  250

3. Mailing Injurious Articles 263

Part L ― Offenses Involving Immigration, Naturalization, and Passports 265

1. Immigration 265

2. Naturalization and Passports 273

Part M ― Offenses Involving National Defense and Weapons of Mass Destruction 278

1. Treason  278

2. Sabotage  278

3. Espionage and Related Offenses 279

4. Evasion of Military Service 284

5. Prohibited Financial Transactions and Exports, and Providing Material Support to Designated Foreign Terrorist Organizations 285

6. Nuclear, Biological, and Chemical Weapons and Materials, and Other Weapons of Mass Destruction 288

Part N ― Offenses Involving Food, Drugs, Agricultural Products, Consumer Products, and Odometer Laws 292

1. Tampering with Consumer Products 292

2. Food, Drugs, Agricultural Products, and Consumer Products 294

3. Odometer Laws and Regulations 295

Part O ― [Not Used] 296

Part P ― Offenses Involving Prisons and Correctional Facilities 297

Part Q ― Offenses Involving the Environment 301

1. Environment 301

2. Conservation and Wildlife 308

Part R ― Antitrust Offenses 311

Part S ― Money Laundering and Monetary Transaction Reporting 315

Part T ― Offenses Involving Taxation  321

1. Income Taxes, Employment Taxes, Estate Taxes, Gift Taxes, and Excise Taxes (Other Than Alcohol, Tobacco, and Customs Taxes)  321

2. Alcohol and Tobacco Taxes 330

3. Customs Taxes 331

4. Tax Table 333

Part U ― [Not Used]  334

Part V ― [Not Used] 334

Part W ― [Not Used]  334

Part X ― Other Offenses 335

1. Conspiracies, Attempts, Solicitations 335

2. Aiding and Abetting   338

3. Accessory After the Fact  338

4. Misprision of Felony 339

5. All Other Felony Offenses and Class A Misdemeanors   340

6. Offenses Involving Use of a Minor in a Crime of Violence 342

7. Offenses Involving Border Tunnels and Submersible and Semi-Submersible Vessels  343

Part Y ― [Not Used] 344

Part Z ― [Not Used] 344

CHAPTER THREE ADJUSTMENTS 345

Part A ― Victim-Related Adjustments 345

Part B ― Role in the Offense 351

Part C ― Obstruction and Related Adjustments  359

Part D ― Multiple Counts 364

Part E ― Acceptance of Responsibility 376

CHAPTER FOUR CRIMINAL HISTORY AND CRIMINAL LIVELIHOOD 379

Part A ― Criminal History 379

Part B ― Career Offenders and Criminal Livelihood 395

CHAPTER FIVE DETERMINING THE SENTENCE  406

Part A ― Sentencing Table  406

Part B ― Probation 409

Part C ― Imprisonment 418

Part D ― Supervised Release  424

Part E ― Restitution, Fines, Assessments, Forfeitures  435

Part F ― Sentencing Options 443

Part G ― Implementing the Total Sentence of Imprisonment  449

Part H ― Specific Offender Characteristics 458

Part I ― [Not Used] 465

Part J ― Relief From Disability 466

Part K ― Departures 467

1. Substantial Assistance to Authorities 467

2. Other Grounds for Departure 468

3. Early Disposition Programs  486

CHAPTER SIX SENTENCING PROCEDURES, PLEA AGREEMENTS, AND CRIME VICTIMS’ RIGHTS 487

Part A ― Sentencing Procedures 487

Part B ― Plea Agreements  491

CHAPTER SEVEN VIOLATIONS OF PROBATION AND SUPERVISED RELEASE  496

Part A ― Introduction to Chapter Seven 496

Part B ― Probation and Supervised Release Violations 501

CHAPTER EIGHT SENTENCING OF ORGANIZATIONS 509

Part A ― General Application Principles 510

Part B ― Remedying Harm from Criminal Conduct, and Effective Compliance and Ethics Program 514

1. Remedying Harm from Criminal Conduct 514

2. Effective Compliance and Ethics Program 517

Part C ― Fines  523

1. Determining the Fine ― Criminal Purpose Organizations 523

2. Determining the Fine ― Other Organizations  523

3. Implementing the Sentence of a Fine 540

4. Departures from the Guideline Fine Range  542

Part D ― Organizational Probation  547

Part E ― Special Assessments, Forfeitures, and Costs 551

Part F ― Violations of Probation ― Organizations 553

APPENDIX A 554

INDEX TO GUIDELINES MANUAL  579

LIST OF DEPARTURE PROVISIONS 597

SUPPLEMENTARY VOLUMES

APPENDIX B Selected Sentencing Statutes

APPENDIX C (Volume I) Amendments to the Guidelines Manual (effective November 1, 1997, and earlier)

APPENDIX C (Volume II) Amendments to the Guidelines Manual (effective November 1, 1998, through November 5, 2003)

APPENDIX C (Volume III) Amendments to the Guidelines Manual (effective November 1, 2004, through November 1, 2011)

SUPPLEMENT TO APPENDIX C Amendments to the Guidelines Manual (effective November 1, 2012, through November 1, 2018)

Audience

Librarians, scholarly researchers, and attorneys representing clients charged with Federal offense violations will enjoy the alphabetical list of topics addressed in the Guidelines Manual and current regulations with their amendments.

Product Details

Availability Details:
In Stock
USA Price:
$70.00
International Price:
$98.00
Key Phrases:
  • sentencing guidelines
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Cover:
Paper
Unit of Issue (US):
1
Unit of Issue (Non-US):
1
Record Creation Date:
09/30/2021
Last Status Update:
06/24/2022
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