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HOW FEDERAL SENTENCING IS CALCULATED
For those of you wondering how the federal prison system calculates a prison sentence... wonder no more. Sure, the judge can throw the book at you... and yes there are ways to duck (hire a lawyer), but, one wonders how long the sentence may be...
During our research we came across some interesting information on prison sentence calculations. We used information gathered from the United States Sentencing Guidelines (USSG). Further down this page we'll list the PDF for you to download... right now lets do some math; and please keep in mind that while these are rough guesstimates, it should give you a figure to work with. So, grab a pen and a piece of paper and lets get to work:
Get The Sentencing Guideline and Look Up Your Offense: The first step is to get the USGS's latest sentencing guideline manual. You can visit USSG.gov or click here to download the latest version without having to dig. Ok - now that you have the manual in hand - go to the "Table of Contents" and look in Chapter Two - Offense Conduct for your crime group. caution - DO NOT attempt to print - its a whopping 500+ pages!
Figuring Your Offense Level: Step 2 involves going to the page where your offense is listed. For instance "Embezzlement" offenses are located in Part B - Basic Economic Offenses Page 80. On this page will be the "Base Offense Levels" and then the "Specific Offense Characteristics". Start with the base number then work your way down the page. So if you are a White-Collar type who decided to move a little of the companies money your way... write these numbers down. The math here is to start with your base number and then (hopefully not) increase for any additional Specific Offense Characteristics listed. As an example, we'll say our White-Collar person tucked away a whopping $5000.00 - this would give them 6 Base points (with no adjustments).
Other Additional Adjustments: Now that you have your base number with any additional characteristics, its time to turn to Chapter Three - Adjustments. Starting on "Page 339", work your way down the list of "Parts A" through "Part E". The White-Collar type would scroll down the listing of Adjustments and annotate any additional levels that may pertain to the offense committed. There are other facets of this chapter that also allow you to deduct levels based on mitigating circumstances. We suggest you read through each and every portion to double-check. As well, ask your attorney and possibly probation officer for help with this portion if needed. Keep in mind, this is your life... do what you can to make it a longer one on the outside of the walls.
Criminal History and Criminal Livelihood: On to Chapter Four ~ Page 374 - almost done! - This is the time to look back and reflect... are you a career criminal or career offender? If so this chapter will pertain to you. If you have any offenses committed this could possibly add time to your sentence. Once you have this figure written go to Step 5. You should now have 2 numbers - your Base Number (including adjustments) and your Criminal History Points. In the case of our white-collar friend - we'll pretend they have no criminal history.
Determining Your Possible Prison Sentence: Its at this stage where you may start to panic, don't - these numbers are not set in stone and things can change. Lets get on with it then. You now have your numbers. For our example, our White Collar criminal has 0 Criminal History Points and 6 Base Points - so if we look up the chart on our Federal Sentencing Chart we'll see that the prison time for this person would be a maximum of 6 months.
As promised, here is the manual: 2009 USSG Guide
We wish you luck with your search and look forward to any comments or suggestions.
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