Navigating the complexities of rules of conduct can be challenging, but CONDUCT.EDU.VN provides comprehensive how to guides 2018 to simplify this process. This article highlights these guides, emphasizing ethical standards and providing clear, actionable insights. Explore conduct.edu.vn for detailed information on ethics and professional conduct.
1. Understanding the Importance of How to Guides 2018
Effective how to guides 2018 are crucial for navigating the complexities of modern life, especially in professional and academic settings. These guides offer clear, concise instructions on various aspects of conduct, ethics, and compliance, ensuring individuals and organizations can adhere to best practices.
- Clarity and Accessibility: The best guides break down complex topics into easily understandable steps, making it simpler for everyone to follow.
- Consistency: Standardized guides ensure that policies and procedures are applied uniformly across an organization, reducing the risk of misunderstandings or inconsistencies.
- Risk Mitigation: By providing clear guidelines, these guides help individuals and organizations avoid legal and ethical pitfalls.
- Promoting Ethical Behavior: They reinforce ethical principles, encouraging responsible and conscientious behavior in all situations.
- Educational Resource: How to guides 2018 serve as valuable educational tools, helping individuals learn and internalize ethical standards and best practices.
2. Key Areas Covered by How to Guides 2018
The scope of how to guides 2018 is broad, covering various fields and disciplines. Here are some key areas where these guides prove invaluable:
- Professional Ethics: Addressing ethical dilemmas in the workplace, including conflicts of interest, confidentiality, and professional responsibilities.
- Academic Integrity: Helping students understand and avoid plagiarism, cheating, and other forms of academic misconduct.
- Legal Compliance: Providing guidance on adhering to laws and regulations relevant to specific industries or activities.
- Data Privacy: Outlining best practices for protecting personal data and complying with privacy laws like GDPR and CCPA.
- Environmental Responsibility: Encouraging sustainable practices and compliance with environmental regulations.
3. Navigating the Annotated 2018 Guidelines Manual
The 2018 Guidelines Manual Annotated is an invaluable online resource that offers comprehensive insights into the history of specific guidelines and commentary provisions. It is an essential tool for understanding and applying federal sentencing guidelines.
- Accessing Amendment History: Use the icon to view a list of related amendments arranged chronologically, complete with hyperlinks to the full text. This feature allows users to track changes and understand the evolution of guidelines.
- Mobile-Friendly Access: The 2018 Guidelines Manual is also available on the Guidelines App, a mobile-friendly web-based application featuring additional tools to assist in understanding and applying the federal sentencing guidelines. For quick future access, use the “Add to Home Screen” feature on your mobile device or save as a bookmark on your desktop or laptop computer.
- Comprehensive Download: The complete 2018 Guidelines Manual is available for download, offering a detailed reference for legal professionals and others interested in sentencing guidelines.
4. Chapter One: Introduction, Authority, and General Application Principles
Chapter One of the 2018 Guidelines Manual provides essential foundational information for understanding and applying the guidelines.
4.1. Part A – Introduction and Authority
This section introduces the manual and outlines the authority under which the guidelines were developed and implemented. It sets the stage for the rest of the document by establishing the legal basis and purpose of the guidelines.
4.2. Part B – General Application Principles
Part B delves into the general principles that govern the application of the guidelines.
4.2.1. §1B1.1. Application Instructions
This section provides detailed instructions on how to apply the guidelines, including the steps to follow and the information needed. It ensures that users can correctly navigate the guidelines and arrive at an appropriate sentencing range.
4.2.2. §1B1.2. Applicable Guidelines
This section specifies which guidelines are applicable in different types of cases. It helps users identify the relevant provisions based on the offense of conviction and other factors.
4.2.3. §1B1.3. Relevant Conduct (Factors that Determine the Guideline Range)
This section defines relevant conduct, which includes actions and circumstances that can affect the guideline range. It explains how to consider the defendant’s behavior and other factors beyond the specific offense of conviction.
4.2.4. §1B1.4. Information to be Used in Imposing Sentence (Selecting a Point Within the Guideline Range or Departing from the Guidelines)
This section outlines the types of information that can be used in determining the sentence, including factors that may justify selecting a point within the guideline range or departing from the guidelines altogether.
4.2.5. §1B1.5. Interpretation of References to Other Offense Guidelines
This section provides guidance on how to interpret references to other offense guidelines within the manual. It ensures that users understand how different provisions relate to each other.
4.2.6. §1B1.6. Structure of the Guidelines
This section explains the overall structure of the guidelines, including the different chapters and sections. It helps users navigate the manual and find the information they need.
4.2.7. §1B1.7. Significance of Commentary
This section discusses the significance of the commentary accompanying the guidelines. It explains how the commentary should be interpreted and how it can inform the application of the guidelines.
4.2.8. §1B1.8. Use of Certain Information
This section addresses the use of certain types of information, such as privileged communications, in the sentencing process. It outlines the rules and restrictions that apply to the use of such information.
4.2.9. §1B1.9. Class B or C Misdemeanors and Infractions
This section provides specific guidance for cases involving Class B or C misdemeanors and infractions. It outlines the considerations that apply in these types of cases.
4.2.10. §1B1.10. Reduction in Term of Imprisonment as a Result of Amended Guideline Range (Policy Statement)
This section addresses the possibility of reducing a term of imprisonment when the guideline range has been amended. It outlines the procedures and considerations that apply in such cases.
4.2.11. §1B1.11. Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)
This section clarifies which version of the guidelines manual should be used in sentencing. It emphasizes that the manual in effect on the date of sentencing is generally the one that should be applied.
4.2.12. §1B1.12. Persons Sentenced Under the Federal Juvenile Delinquency Act (Policy Statement)
This section provides guidance for sentencing individuals under the Federal Juvenile Delinquency Act. It outlines the specific considerations that apply in these cases.
4.2.13. §1B1.13. Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)
This section addresses the possibility of reducing a term of imprisonment under 18 U.S.C. § 3582(c)(1)(A). It outlines the procedures and considerations that apply in such cases, often involving compassionate release.
5. Chapter Two: Offense Conduct
Chapter Two of the 2018 Guidelines Manual focuses on offense conduct, providing guidelines for various types of offenses.
5.1. Parts A-C: Offenses Against the Person, Basic Economic Offenses, Offenses Involving Public Officials and Violation of Federal Election Campaign Laws
These sections cover a wide range of offenses, from violent crimes to financial offenses and crimes involving public officials.
5.1.1. Part A – Offenses Against the Person
This part includes guidelines for offenses such as assault, homicide, and kidnapping. It provides specific factors to consider when determining the appropriate sentence for these types of crimes.
5.1.2. Part B – Basic Economic Offenses
This part covers offenses such as fraud, theft, and embezzlement. It includes guidelines for calculating the loss amount and other factors that can affect the sentence.
5.1.3. Part C – Offenses Involving Public Officials and Violation of Federal Election Campaign Laws
This part addresses offenses such as bribery, extortion, and violations of campaign finance laws. It provides guidelines for ensuring accountability and deterring corruption.
5.1.3.1. §2C1.1. Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right; Fraud Involving the Deprivation of the Intangible Right to Honest Services of Public Officials; Conspiracy to Defraud by Interference with Governmental Functions
This section covers various forms of corruption, including bribery, extortion, and fraud. It provides guidelines for determining the appropriate sentence based on the nature and extent of the offense.
5.1.3.2. §2C1.2. Offering, Giving, Soliciting, or Receiving a Gratuity
This section addresses the offense of offering, giving, soliciting, or receiving a gratuity. It provides guidelines for distinguishing between a bribe and a gratuity and determining the appropriate sentence.
5.1.3.3. §2C1.3. Conflict of Interest; Payment or Receipt of Unauthorized Compensation
This section covers conflicts of interest and the payment or receipt of unauthorized compensation. It provides guidelines for addressing these types of ethical violations.
5.1.3.4. §2C1.5. Payments to Obtain Public Office
This section addresses payments made to obtain public office. It provides guidelines for ensuring that such payments are appropriately penalized.
5.1.3.5. §2C1.8. Making, Receiving, or Failing to Report a Contribution, Donation, or Expenditure in Violation of the Federal Election Campaign Act; Fraudulently Misrepresenting Campaign Authority; Soliciting or Receiving a Donation in Connection with an Election While on Certain Federal Property
This section covers violations of the Federal Election Campaign Act. It provides guidelines for ensuring that campaign finance laws are followed and that violations are appropriately addressed.
5.2. Part D – Offenses Involving Drugs and Narco-Terrorism
This section provides guidelines for offenses involving drugs and narco-terrorism. It includes specific factors to consider when determining the appropriate sentence, such as the type and quantity of drugs involved.
5.3. Parts E – K: Offenses Involving Criminal Enterprises and Racketeering, Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity, Offenses Involving Individual Rights, Offenses Involving the Administration of Justice, Offenses Involving Public Safety
These sections cover a wide range of offenses, from organized crime to sexual offenses and crimes against the administration of justice.
5.3.1. Part E – Offenses Involving Criminal Enterprises and Racketeering
This part includes guidelines for offenses such as racketeering, money laundering, and other crimes associated with criminal enterprises. It provides specific factors to consider when determining the appropriate sentence.
5.3.2. Part G – Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity
This part covers offenses such as prostitution, child pornography, and obscenity. It includes guidelines for protecting victims and ensuring that offenders are held accountable.
5.3.3. Part H – Offenses Involving Individual Rights
This part addresses offenses such as hate crimes, civil rights violations, and other crimes that infringe on individual rights. It provides guidelines for ensuring that these types of offenses are appropriately penalized.
5.3.4. Part J – Offenses Involving the Administration of Justice
This part covers offenses such as perjury, obstruction of justice, and bribery of a witness. It includes guidelines for ensuring the integrity of the judicial system.
5.3.4.1. §2J1.1. Contempt
This section addresses the offense of contempt of court. It provides guidelines for determining the appropriate sentence based on the nature and extent of the contempt.
5.3.4.2. §2J1.2. Obstruction of Justice
This section covers the offense of obstruction of justice. It provides guidelines for determining the appropriate sentence based on the nature and extent of the obstruction.
5.3.4.3. §2J1.3. Perjury or Subornation of Perjury; Bribery of Witness
This section addresses the offenses of perjury, subornation of perjury, and bribery of a witness. It provides guidelines for ensuring that these types of offenses are appropriately penalized.
5.3.4.4. §2J1.4. Impersonation
This section covers the offense of impersonation. It provides guidelines for determining the appropriate sentence based on the nature and extent of the impersonation.
5.3.4.5. §2J1.5. Failure to Appear by Material Witness
This section addresses the offense of failure to appear by a material witness. It provides guidelines for ensuring that witnesses fulfill their obligations to the court.
5.3.4.6. §2J1.6. Failure to Appear by Defendant
This section covers the offense of failure to appear by a defendant. It provides guidelines for ensuring that defendants are held accountable for their failure to appear in court.
5.3.4.7. §2J1.9. Payment to Witness
This section addresses the offense of payment to a witness. It provides guidelines for ensuring that witnesses are not improperly influenced.
5.3.5. Part K – Offenses Involving Public Safety
This part includes guidelines for offenses that threaten public safety, such as weapons offenses and explosives offenses. It provides specific factors to consider when determining the appropriate sentence.
5.4. Parts L – X: Offenses Involving Immigration, Naturalization, and Passports, National Defense and Weapons of Mass Destruction, Food, Drugs, Agricultural Products, and Odometer Laws, Prisons and Correctional Facilities, the Environment, Antitrust Offenses, Money Laundering and Monetary Transaction Reporting, Taxation, Other Offenses
These sections cover a diverse array of offenses, from immigration violations to environmental crimes and tax evasion.
5.4.1. Part L – Offenses Involving Immigration, Naturalization, and Passports
This part includes guidelines for offenses such as illegal entry, document fraud, and passport violations. It provides specific factors to consider when determining the appropriate sentence.
5.4.2. Part M – Offenses Involving National Defense and Weapons of Mass Destruction
This part covers offenses such as espionage, sabotage, and the illegal possession or use of weapons of mass destruction. It provides guidelines for protecting national security.
5.4.3. Part N – Offenses Involving Food, Drugs, Agricultural Products, and Odometer Laws
This part addresses offenses such as adulteration of food, drug trafficking, and odometer fraud. It provides guidelines for protecting consumers and ensuring the safety of agricultural products.
5.4.4. Part P – Offenses Involving Prisons and Correctional Facilities
This part covers offenses such as escape, possession of contraband, and inciting a riot in a correctional facility. It provides guidelines for maintaining order and security in prisons.
5.4.4.1. §2P1.1. Escape, Instigating or Assisting Escape
This section addresses the offense of escape or assisting an escape from a correctional facility. It provides guidelines for determining the appropriate sentence.
5.4.4.2. §2P1.2. Providing or Possessing Contraband in Prison
This section covers the offense of providing or possessing contraband in a prison. It provides guidelines for maintaining order and security within correctional facilities.
5.4.4.3. §2P1.3. Engaging In, Inciting or Attempting to Incite a Riot Involving Persons in a Facility for Official Detention
This section addresses the offense of inciting a riot in a correctional facility. It provides guidelines for ensuring that those who incite violence are held accountable.
5.4.5. Part Q – Offenses Involving the Environment
This part includes guidelines for offenses such as pollution, illegal dumping, and other crimes that harm the environment. It provides specific factors to consider when determining the appropriate sentence.
5.4.6. Part R – Antitrust Offenses
This part covers offenses such as price-fixing, bid-rigging, and other antitrust violations. It provides guidelines for promoting competition and protecting consumers.
5.4.6.1. §2R1.1. Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors
This section addresses the offense of bid-rigging, price-fixing, or market-allocation agreements among competitors. It provides guidelines for ensuring fair competition.
5.4.7. Part S – Money Laundering and Monetary Transaction Reporting
This part includes guidelines for offenses such as money laundering, structuring transactions to evade reporting requirements, and bulk cash smuggling. It provides specific factors to consider when determining the appropriate sentence.
5.4.7.1. §2S1.1. Laundering of Monetary Instruments; Engaging in Monetary Transactions in Property Derived from Unlawful Activity
This section addresses the offense of laundering monetary instruments. It provides guidelines for ensuring that those who launder money are held accountable.
5.4.7.2. §2S1.3. Structuring Transactions to Evade Reporting Requirements; Failure to Report Cash or Monetary Transactions; Failure to File Currency and Monetary Instrument Report; Knowingly Filing False Reports; Bulk Cash Smuggling; Establishing or Maintaining Prohibited Accounts
This section covers offenses related to structuring transactions to evade reporting requirements. It provides guidelines for ensuring compliance with financial regulations.
5.4.8. Part T – Offenses Involving Taxation
This part includes guidelines for offenses such as tax evasion, tax fraud, and failure to file tax returns. It provides specific factors to consider when determining the appropriate sentence.
5.4.9. Part X – Other Offenses
This part covers offenses not specifically addressed in other parts of Chapter Two. It provides a framework for sentencing in these types of cases.
6. Chapter Three: Adjustments
Chapter Three of the 2018 Guidelines Manual focuses on adjustments to the offense level based on victim-related factors, the offender’s role in the offense, obstruction of justice, multiple counts, and acceptance of responsibility.
6.1. Part A – Victim-Related Adjustments
This section provides adjustments based on the characteristics of the victim, such as vulnerability or official status.
6.1.1. §3A1.1. Hate Crime Motivation or Vulnerable Victim
This section addresses hate crime motivations and cases involving vulnerable victims. It provides guidelines for enhancing the sentence in these types of cases.
6.1.2. §3A1.2. Official Victim
This section covers cases involving official victims, such as law enforcement officers. It provides guidelines for enhancing the sentence when the victim is an official.
6.1.3. §3A1.3. Restraint of Victim
This section addresses cases where the victim was restrained during the offense. It provides guidelines for enhancing the sentence in these types of cases.
6.1.4. §3A1.4. Terrorism
This section covers cases involving terrorism. It provides guidelines for ensuring that those who commit terrorist acts are appropriately penalized.
6.1.5. §3A1.5. Serious Human Rights Offense
This section addresses cases involving serious human rights offenses. It provides guidelines for ensuring that these types of offenses are appropriately penalized.
6.2. Part B – Role in the Offense
This section provides adjustments based on the offender’s role in the offense, such as whether they were an organizer or a minor participant.
6.2.1. §3B1.1. Aggravating Role
This section addresses aggravating roles in the offense, such as being an organizer or leader. It provides guidelines for enhancing the sentence in these types of cases.
6.2.2. §3B1.2. Mitigating Role
This section covers mitigating roles in the offense, such as being a minor participant. It provides guidelines for reducing the sentence in these types of cases.
6.2.3. §3B1.3. Abuse of Position of Trust or Use of Special Skill
This section addresses cases where the offender abused a position of trust or used a special skill to commit the offense. It provides guidelines for enhancing the sentence in these types of cases.
6.2.4. §3B1.4. Using a Minor To Commit a Crime
This section covers cases where the offender used a minor to commit a crime. It provides guidelines for enhancing the sentence in these types of cases.
6.2.5. §3B1.5. Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence
This section addresses the use of body armor in drug trafficking crimes and crimes of violence. It provides guidelines for enhancing the sentence in these types of cases.
6.3. Part C – Obstruction and Related Adjustments
This section provides adjustments based on the offender’s attempts to obstruct justice or related conduct.
6.3.1. §3C1.1. Obstructing or Impeding the Administration of Justice
This section addresses cases where the offender obstructed or impeded the administration of justice. It provides guidelines for enhancing the sentence in these types of cases.
6.3.2. §3C1.2. Reckless Endangerment During Flight
This section covers cases where the offender recklessly endangered others during flight from law enforcement. It provides guidelines for enhancing the sentence in these types of cases.
6.3.3. §3C1.3. Commission of Offense While on Release
This section addresses cases where the offender committed the offense while on release. It provides guidelines for enhancing the sentence in these types of cases.
6.3.4. §3C1.4. False Registration of Domain Name
This section covers cases involving the false registration of a domain name. It provides guidelines for addressing this type of offense.
6.4. Part D – Multiple Counts
This section provides guidance for determining the offense level when there are multiple counts of conviction.
6.4.1. §3D1.1. Procedure for Determining Offense Level on Multiple Counts
This section outlines the procedure for determining the offense level when there are multiple counts of conviction. It provides a step-by-step guide for calculating the combined offense level.
6.4.2. §3D1.2. Groups of Closely Related Counts
This section addresses the grouping of closely related counts for sentencing purposes. It provides guidelines for determining which counts should be grouped together.
6.4.3. §3D1.3. Offense Level Applicable to Each Group of Closely Related Counts
This section covers the offense level applicable to each group of closely related counts. It provides guidelines for determining the appropriate offense level for each group.
6.4.4. §3D1.4. Determining the Combined Offense Level
This section outlines the process for determining the combined offense level based on the offense levels for each group of counts. It provides a method for calculating the overall offense level.
6.4.5. §3D1.5. Determining the Total Punishment
This section addresses the determination of the total punishment based on the combined offense level. It provides guidelines for ensuring that the total punishment is appropriate.
6.5. Part E – Acceptance of Responsibility
This section provides a reduction in the offense level if the offender clearly demonstrates acceptance of responsibility for their actions.
6.5.1. §3E1.1. Acceptance of Responsibility
This section addresses the acceptance of responsibility by the offender. It provides guidelines for reducing the sentence if the offender clearly demonstrates acceptance of responsibility for their actions.
7. Chapter Four: Criminal History and Criminal Livelihood
Chapter Four of the 2018 Guidelines Manual focuses on the offender’s criminal history and whether they are a career offender or have a criminal livelihood.
7.1. Part A – Criminal History
This section provides guidelines for calculating the offender’s criminal history category based on their prior convictions.
7.1.1. §4A1.1. Criminal History Category
This section outlines the criminal history categories and how they are determined based on the offender’s prior convictions. It provides a framework for assessing the offender’s criminal history.
7.1.2. §4A1.2. Definitions and Instructions for Computing Criminal History
This section provides definitions and instructions for computing the offender’s criminal history. It clarifies how to count prior convictions and assign points based on the severity of the offenses.
7.1.3. §4A1.3. Departures Based on Inadequacy of Criminal History Category (Policy Statement)
This section addresses departures based on the inadequacy of the criminal history category. It provides guidance for cases where the criminal history category does not adequately reflect the seriousness of the offender’s past conduct.
7.2. Part B – Career Offenders and Criminal Livelihood
This section provides enhanced penalties for career offenders and those who derive their livelihood from criminal activity.
7.2.1. §4B1.1. Career Offender
This section defines career offender status and provides enhanced penalties for offenders who meet the criteria. It aims to ensure that repeat offenders are appropriately penalized.
7.2.2. §4B1.2. Definitions of Terms Used in Section 4B1.1
This section provides definitions of the terms used in Section 4B1.1, such as “crime of violence” and “controlled substance offense.” It clarifies the criteria for career offender status.
7.2.3. §4B1.3. Criminal Livelihood
This section addresses cases where the offender derives their livelihood from criminal activity. It provides guidelines for enhancing the sentence in these types of cases.
7.2.4. §4B1.4. Armed Career Criminal
This section defines armed career criminal status and provides enhanced penalties for offenders who meet the criteria. It aims to ensure that armed repeat offenders are appropriately penalized.
7.2.5. §4B1.5. Repeat and Dangerous Sex Offender Against Minors
This section addresses repeat and dangerous sex offenders against minors. It provides guidelines for ensuring that these offenders are appropriately penalized.
8. Chapter Five: Determining the Sentence
Chapter Five of the 2018 Guidelines Manual focuses on the sentencing table, probation, imprisonment, supervised release, restitution, fines, assessments, forfeitures, sentencing options, implementing the total sentence of imprisonment, specific offender characteristics, relief from disability, and departures.
8.1. Part A – Sentencing Table
This section provides the sentencing table, which is used to determine the guideline range based on the offense level and criminal history category.
8.2. Part B – Probation
This section provides guidelines for imposing a term of probation, including the term and conditions of probation.
8.2.1. §5B1.1. Imposition of a Term of Probation
This section addresses the imposition of a term of probation. It provides guidelines for determining whether probation is appropriate and for setting the terms and conditions of probation.
8.2.2. §5B1.2. Term of Probation
This section covers the term of probation. It provides guidelines for determining the appropriate length of the probation term.
8.2.3. §5B1.3. Conditions of Probation
This section addresses the conditions of probation. It provides guidelines for setting the specific conditions that the offender must meet while on probation.
8.3. Part C – Imprisonment
This section provides guidelines for imposing a term of imprisonment.
8.3.1. §5C1.1. Imposition of a Term of Imprisonment
This section addresses the imposition of a term of imprisonment. It provides guidelines for determining whether imprisonment is appropriate and for setting the length of the imprisonment term.
8.3.2. §5C1.2. Limitation on Applicability of Statutory Minimum Sentences in Certain Cases
This section covers limitations on the applicability of statutory minimum sentences in certain cases. It provides guidelines for determining when a statutory minimum sentence may not apply.
8.4. Part D – Supervised Release
This section provides guidelines for imposing a term of supervised release, including the term and conditions of supervised release.
8.4.1. §5D1.1. Imposition of a Term of Supervised Release
This section addresses the imposition of a term of supervised release. It provides guidelines for determining whether supervised release is appropriate and for setting the terms and conditions of supervised release.
8.4.2. §5D1.2. Term of Supervised Release
This section covers the term of supervised release. It provides guidelines for determining the appropriate length of the supervised release term.
8.4.3. §5D1.3. Conditions of Supervised Release
This section addresses the conditions of supervised release. It provides guidelines for setting the specific conditions that the offender must meet while on supervised release.
8.5. Part E – Restitution, Fines, Assessments, Forfeitures
This section provides guidelines for ordering restitution, imposing fines, assessing special assessments, and ordering forfeiture.
8.5.1. §5E1.1. Restitution
This section addresses the ordering of restitution. It provides guidelines for determining the amount of restitution that the offender must pay to the victim.
8.5.2. §5E1.2. Fines for Individual Defendants
This section covers the imposition of fines for individual defendants. It provides guidelines for determining the appropriate amount of the fine.
8.5.3. §5E1.3. Special Assessments
This section addresses special assessments. It provides guidelines for assessing the appropriate special assessment.
8.5.4. §5E1.4. Forfeiture
This section covers the ordering of forfeiture. It provides guidelines for determining which assets should be forfeited.
8.5.5. §5E1.5. Costs of Prosecution (Policy Statement)
This section addresses the assessment of costs of prosecution. It provides guidelines for determining whether the offender should be required to pay the costs of prosecution.
8.6. Part F – Sentencing Options
This section provides guidelines for various sentencing options, such as community confinement, home detention, and community service.
8.6.1. §5F1.1. Community Confinement
This section addresses the sentencing option of community confinement. It provides guidelines for determining whether community confinement is appropriate.
8.6.2. §5F1.2. Home Detention
This section covers the sentencing option of home detention. It provides guidelines for determining whether home detention is appropriate.
8.6.3. §5F1.3. Community Service
This section addresses the sentencing option of community service. It provides guidelines for determining whether community service is appropriate.
8.6.4. §5F1.4. Order of Notice to Victims
This section covers the order of notice to victims. It provides guidelines for determining whether the offender should be required to provide notice to the victims of the offense.
8.6.5. §5F1.5. Occupational Restrictions
This section addresses occupational restrictions. It provides guidelines for determining whether the offender should be subject to occupational restrictions.
8.6.6. §5F1.6. Denial of Federal Benefits to Drug Traffickers and Possessors
This section covers the denial of federal benefits to drug traffickers and possessors. It provides guidelines for determining whether the offender should be denied federal benefits.
8.6.7. §5F1.7. Shock Incarceration Program (Policy Statement)
This section addresses the shock incarceration program. It provides guidelines for determining whether the offender should be considered for the shock incarceration program.
8.6.8. §5F1.8. Intermittent Confinement
This section covers intermittent confinement. It provides guidelines for determining whether intermittent confinement is appropriate.
8.7. Part G – Implementing the Total Sentence of Imprisonment
This section provides guidelines for implementing the total sentence of imprisonment, including concurrent and consecutive sentences.
8.7.1. §5G1.1. Sentencing on a Single Count of Conviction
This section addresses sentencing on a single count of conviction. It provides guidelines for determining the appropriate sentence.
8.7.2. §5G1.2. Sentencing on Multiple Counts of Conviction
This section covers sentencing on multiple counts of conviction. It provides guidelines for determining the appropriate sentence when there are multiple counts of conviction.
8.7.3. §5G1.3. Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment or Anticipated State Term of Imprisonment
This section addresses the imposition of a sentence on a defendant subject to an undischarged term of imprisonment or anticipated state term of imprisonment. It provides guidelines for coordinating federal and state sentences.
8.8. Part H – Specific Offender Characteristics
This section provides guidance on considering specific offender characteristics, such as age, education, and mental and emotional conditions.
8.8.1. §5H1.1. Age (Policy Statement)
This section addresses the consideration of age as a specific offender characteristic. It provides guidelines for determining whether age should be a factor in sentencing.
8.8.2. §5H1.2. Education and Vocational Skills (Policy Statement)
This section covers the consideration of education and vocational skills as specific offender characteristics. It provides guidelines for determining whether education and vocational skills should be factors in sentencing.
8.8.3. §5H1.3. Mental and Emotional Conditions (Policy Statement)
This section addresses the consideration of mental and emotional conditions as specific offender characteristics. It provides guidelines for determining whether mental and emotional conditions should be factors in sentencing.
8.8.4. §5H1.4. Physical Condition, Including Drug or Alcohol Dependence or Abuse; Gambling Addiction (Policy Statement)
This section covers the consideration of physical condition, including drug or alcohol dependence or abuse, and gambling addiction as specific offender characteristics. It provides guidelines for determining whether these factors should be considered in sentencing.
8.8.5. §5H1.5. Employment Record (Policy Statement)
This section addresses the consideration of employment record as a specific offender characteristic. It provides guidelines for determining whether employment record should be a factor in sentencing.
8.8.6. §5H1.6. Family Ties and Responsibilities (Policy Statement)
This section covers the consideration of family ties and responsibilities as specific offender characteristics. It provides guidelines for determining whether family ties and responsibilities should be factors in sentencing.
8.8.7. §5H1.7. Role in the Offense (Policy Statement)
This section addresses the consideration of role in the offense as a specific offender characteristic. It provides guidelines for determining whether role in the offense should be a factor in sentencing.
8.8.8. §5H1.8. Criminal History (Policy Statement)
This section covers the consideration of criminal history as a specific offender characteristic. It provides guidelines for determining whether criminal history should be a factor in sentencing.
8.8.9. §5H1.9. Dependence upon Criminal Activity for a Livelihood (Policy Statement)
This section addresses the consideration of dependence upon criminal activity for a livelihood as a specific offender characteristic. It provides guidelines for determining whether this factor should be considered in sentencing.
8.8.10. §5H1.10. Race, Sex, National Origin, Creed, Religion, and Socio-Economic Status (Policy Statement)
This section covers the consideration of race, sex, national origin, creed, religion, and socio-economic status as specific offender characteristics. It provides guidelines for ensuring that these factors are not used inappropriately in sentencing.
8.8.11. §5H1.11. Military, Civic, Charitable, or Public Service; Employment-Related Contributions; Record of Prior Good Works (Policy Statement)
This section addresses the consideration of military, civic, charitable, or public service, employment-related contributions, and record of prior good works as specific offender characteristics. It provides guidelines for determining whether these factors should be considered in sentencing.
