“BUT FEAR PRESERVES YOU BY A DREAD OF PUNISHMENT WHICH NEVER FAILS” (OR, LOYALTY TO OTHERS ENDS AT THE PRISON GATE)*

  1. Offense and offender characteristics;
  2. The need for a sentence to reflect the basic aims of sentencing, namely (a) just punishment (retribution), (b) deterrence, © incapacitation, and (d) rehabilitation;
  3. The sentences legally available or mandated;
  4. Sentencing Commission Guidelines [very complex mathematical calculation in months with a low end and a high end based on discrete sentencing factors. For example, a sentence range could be 110–121 months. The factors include criminal history, the types of crimes (e.g., fraud), the amount of money involved or quantity of drugs, aggravating factors, mitigating factors, and acceptance of responsibility];
  5. Sentencing Commission policy statements;
  6. The need to avoid unwarranted sentencing disparities; and
  7. The need for restitution.

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R.VanWagoner

R.VanWagoner

Criminal defense and First Amendment attorney.