that 79 percent of cartel overcharges have been above the USSG
back to the Sentencing Reform Act of 1984, which promulgated the USSG
1995) (basing a strict liability interpretation of USSG
[section] 2K2.1(b)(4) on congressional intent).
(8) After accepting Dews's guilty plea, the court emphasized that the sentence would be "determined by reference to the sentencing guidelines." (9) Based on its independent calculations and the report of the probation officer, the court accepted the 168-month sentence specifically because it was within the applicable USSG
(7.) See USSG
[section] 4A1.2(f) and Application Note 9.
States Sentencing Guidelines Manual ("USSG
"), apply to a
at 145 (noting that USSG
[section] 2L1.2 expressly incorporates the definition of aggravated felony from 8 U.S.C.
2000) (reason for possession of gun is a mitigating factor, though not a defense to conviction under [section] 922(g)(9)); Federal Sentencing Guidelines, USSG
Sentencing Commission is expected to adopt proposed amendments to the United States Sentencing Guidelines (USSG
) that will provide for significant upward adjustments for terrorism-related crimes, and may further elucidate Patriot Act anti-terrorism provisions.
Saiga rifles and shotguns will be imported by USSG
for EAA in 2012.
The Sentencing Table (Appendix A) attached to the United States Sentencing Guidelines (USSG
) identifies approximately twenty-five statutes as encompassing the criminal act of obstruction of justice.
Cole, the Sixth Circuit acknowledged the split but firmly held that "our case law makes clear that the authority recognized in Kimbrough and Spears applies to all aspects of the Guidelines." (156) Given this broad construction of the cases, the Sixth Circuit held that district courts have the discretion to reject the career-offender enhancement under USSG
[section] 4B1.1, despite its statutory origination.