Roger W. Haines, Jr, Frank O. Bowman, III and Jennifer C Woll
Federal Sentencing Guidelines Handbook
contains the full text of the Federal Sentencing Guidelines and insightful commentary, and offers straightforward information with which to handle federal sentencing questions. Designed to explain the logic underlying the guidelines, the volume helps you more accurately determine an appropriate sentence or probation and plan your prosecution or defense strategy. The handy format makes it easy to take this volume to court.
New in this edition
- Commission amends guidelines for financial harm, intended loss, and sophisticated means:
- The Commission amended the mass-marketing guideline in §2B1.1(b)(2) to add increases for substantial financial hardship to victims
- The Commission clarified that "intended loss" in Application Note 3(A)(ii) to §2B1.1, means "pecuniary harm that "the defendant purposely sought to inflict."
- The Commission narrowed the "sophisticated means" enhancement in §2B1.1(b)(10)(C) to cases in which the defendant intentionally engaged in or caused conduct constituting sophisticated means, by replacing the words "otherwise involved sophisticated means." This abrogates U.S. v. Green, 648 F.3d 569, 576 (7th Cir. 2011) and U.S. v. Jenkins-Watt, 574 F.3d 950, 965 (8th Cir. 2009)
- The amendment eliminated the rebuttable presumption in Application Note 3(F)(ix) for calculating loss from the fraudulent inflation or deflation of a publicly traded security or commodity
- The Commission also adopted amendments to:
- Clarify that a conspirator is accountable only for scope of criminal activity he agreed to undertake. See §1B1.3
- Adjust the loss and fine tables for inflation. See §2B1.1
- Set hydrocodone's marihuana equivalency at 6,700 to 1. See §2D1.1
- Encourage more frequent and consistent use of the mitigating role adjustment. See §3B1.2
- Clarify the "single sentence" rule for determining predicate offenses. See §4A1.2