ADVISORY GUIDELINE COMPUTATION AND 3553 ADVISEMENT Sample Clauses

ADVISORY GUIDELINE COMPUTATION AND 3553 ADVISEMENT. 1. 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. 2. The Guideline calculation below is the good-faith estimate of the parties, but it is only an estimate. Although the Government is obligated to make the sentencing recommendation tied to a total offense level of 24, as set forth in the Agreement section above, 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. The base guideline is § 2B1.1(a)(1), with a base offense level of 7. B. The parties agree that the following specific offense characteristics apply: (1) There is a 14-level increase pursuant to § 2B1.1(b)(1)(H) because the loss was between $550,000 and $1,500,000 (Government), or a 12 level increase pursuant to § 2B1.1(b)(1)(G) because the loss was between $250,000 and $550,000 (Defendant). (2) The Government submits that is a 2-level increase pursuant to § 2B1.1(b)(10)(C) because the offense involved sophisticated means (here, hiding assets or transactions through the use of corporate shells) and the defendant intentionally engaged in or caused the conduct constituting sophisticated means. The Defendant reserves the right to contest this increase and submits that it is inapplicable. C. There are no victim-related, obstruction of justice, or grouping adjustments that apply. The Government submits that the Defenant should receive a 4-level increase pursuant to § 3B1.1.1(a) for his role in the offense as that of an organizer or leader of criminal activity that involved five or more participants or was otherwise extensive. The Defendant reserves the right to contest this increase and submits that it is inapplicable....
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ADVISORY GUIDELINE COMPUTATION AND 3553 ADVISEMENT. 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. A. The base guideline is § 2D1.1(a)(5), with a base offense level of 28. B. Provided the court determines the defendant qualifies for the “safety valve,” the defendant should receive a two-level decrease. § 2D1.1(b)(18). The adjusted offense level therefore would be 26. C. Provided the defendant does not do anything that is inconsistent with the acceptance of responsibility, the defendant should receive a three-level reduction for timely acceptance of responsibility. The resulting offense level therefore would be 23.4 D. The parties understand that the defendant’s criminal history computation is tentative. The criminal history category is determined by the Court based on the defendant’s prior convictions. Based on information currently available to the parties, it is estimated that the defendant’s criminal history category would be I. E. The career offender/criminal livelihood/armed career criminal adjustments would not apply. F. The advisory guideline range resulting from the calculation above would result in an advisory guideline range of 46-57 months. In order to be as accurate as possible, with the criminal history category undetermined at this time, the offense level estimated above could conceivably result in a range from 46 months (bottom of Category I) to 115 months (top of Category VI). The guideline range would not exceed, in any case, the cumulative statutory maximums applicable to the counts of conviction. Additionally, there is a mandatory minimum sentence of 60 months applicable to Count 5. Accordingly, if the defendant is not eligible for a sentence below the statutorily required sentence, the statutory mandatory minimum sentence of 60 months would apply. G. Pursuant to guideline § 5E1.2, the advisory fine range would be $20,000 to $5,000,000, plus applicable interest and penalties.
Sample 1
ADVISORY GUIDELINE COMPUTATION AND 3553 ADVISEMENT. 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.
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