Federal Sentencing Guidelines

Cakmis, Rosemary

Journal: Mercer Law Review

Volume: 66

Year: 2015

Bluebook Citation: 66 MERCER L. REV. (2015)

Author: Rosemary T. Cakmis: all 7 publications


Abstract

The sentencing decisions of the United States Court of Appeals for the Eleventh Circuit in 2014 focused on United States Sentencing Guidelines (USSG, or the Guidelines) enhancements applied in connection with economic, drug, immigration, firearm, and sex-related offenses. This Survey first discusses the precedential decisions dealing with enhancements that only apply to a specific type of offense, such as an economic, drug, or sex-related offense, and are found in Chapter Two of the United States Sentencing Guidelines Manual (the Guidelines Manual). Next, this Survey examines decisions reviewing the "Adjustments" in Chapter Three of the Guidelines Manual, which apply to any type of offense. The Survey then discusses decisions regarding assorted enhancements that are based on prior convictions for controlled-substance offenses and crimes of violence.

Those enhancements are contained in the specific offense characteristics for immigration and firearm offenses in Chapter Two of the Guidelines Manual, as well as in the criminal history enhancements for certain drug, firearm, and violent offenses set forth in Chapter Four. Finally, the Survey summarizes decisions involving departures and variances.

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