ADVISORY GUIDELINE CALCULATION Sample Clauses

ADVISORY GUIDELINE CALCULATION. The parties understand that the imposition of a sentence in this matter is governed by 18 U.S.C. § 3553. In determining the particular sentence to be imposed, the Court is required to consider seven factors. One of those factors is the sentencing range computed by the Court under advisory guidelines issued by the United States Sentencing Commission. In order to aid the Court in this regard, the parties set forth below their estimate of the advisory guideline range called for by the United States Sentencing Guidelines. To the extent that the parties disagree about the guideline computations, the recitation below identifies the matters which are in dispute. The Guideline calculation below is the good-faith estimate of the parties, but it is only an estimate. The parties understand that the government also has an independent obligation to assist the Court in making an accurate determination of the correct guideline range. To that end, the government may argue that facts identified in the presentence report, or otherwise identified during the sentencing process, affect the estimate below. a) Under Section 2B1.1(a)(1), the base offense level is 7. b) The following specific offense characteristics apply: There is a 14-level increase pursuant to § 2B1.1(b)(1)(H) because the loss was between $550,000 and $1,500,000.1 c) A 2-level enhancement applies pursuant to 2B1.1(b)(11)(C)(i) for the defendant’s use of his family members’ means of identification to obtain another means of identification, the loan account numbers, see App. N. 10(C)(ii)(I). d) There are no victim-related, role-in-offense, obstruction, grouping, 1 The parties agree that the appropriate measure of loss in this case is the amount of loans, grants, and unemployment benefits the defendant received, and not the amount of funds sought in attempted/unsuccessful applications. or multiple-count adjustments. e) The adjusted offense level is 23. f) The parties agree the defendant should receive a 3-level reduction for acceptance of responsibility pursuant to § 3E1.1(a) and(b). The resulting total offense level is 20. g) The parties understand that the defendant’s criminal history computation is tentative and based on the defendant’s prior convictions. The parties believe the defendant is in criminal history category I. h) The career offender/criminal livelihood/armed career criminal adjustments do not apply. i) The advisory guideline range resulting from these calculations is 33-41 months. However, in order...