Question
Based on the information in the Presentence report (PSR), calculate the total offense level, and guidelines sentencing range (GSR) using the sentencing table. The Sentencing
Based on the information in the Presentence report (PSR), calculate the total offense level, and guidelines sentencing range (GSR) using the sentencing table. The Sentencing Guidelines can be found at https://www.ussc.gov/guidelines/2023-guidelines-manual-annotated. (Scroll down and you will see the chapters of the manual). We've obviously omitted the calculation from the mock PSR, but you can see some examples of the general format in the sentencing memos we posted to Canvas. (Note: the memos are submissions from the government, so what you are doing is a little different -- you are playing the role of the judge.) The calculation should include finding the adjusted offense level using the Statutory Appendix and Chapter 2 (Hint- the Appendix should point you to Guideline 2B1.1), and then applying any adjustments from Chapter 3. No tricksjust work through the definitions. For the Chapter 3 adjustments, you can ignore Part D - Multiple Counts. As we mentioned in class, use your common sense when you scan the Chapter 3 adjustments. For example, our fact pattern doesn't deal with "Hate Crime Motivation" or "Terrorism" - so don't bother even looking at those. But things like "Aggravating Role," "Mitigating Role" and some others might apply, so read them and decide whether they do. You do NOT need to provide any significant analysis for your guidelines decisions. Just a sentence or two, if needed, is fine. You can ignore, for purposes of this exercise, the other chapters of the Guidelines Manual -- everything you need to calculate the offense level is in the Appendix and Chapters 2 and 3 (along with the sentencing table, which is in Chapter 5). Also, you can assume on these facts, that all of the offense conduct constitutes either the charged offense or "relevant conduct." You should not use any outside sources - just use the application notes as necessary. As we said in class, you need to consider the Guidelines calculation, but you do not need to adhere to it. Finally, you calculate criminal history. We didn't spend a lot of time with this part. It's located in Chapter 4 - Part A is the only relevant portion for this assignment. Part 2: Once you've calculated the GSR, make a sentencing opinion imposing a sentence based on the GSR and the factors set forth in 3553(a). You can assume there are no facts in dispute and that the parties agree to the guidelines calculation (whatever you determine it to be). Don't waste space with general summaries of the facts or your guidelines analysis. Just weave them into the analysis as needed. Think about your key arguments as to why the GSR is more/less than necessary on these facts. What 3553(a) factors matter most to you?
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