Common use of Discretion of the Court Clause in Contracts

Discretion of the Court. The foregoing stipulations are binding on the parties, but do not bind the Court. The parties understand that the Sentencing Guidelines are advisory and their application is a matter that falls solely within the Court's discretion. The Court may make its own determination regarding the applicable guideline factors and the applicable criminal history category. The Court may also depart from the applicable guidelines. If the Court determines that the applicable guideline calculations or the defendant's criminal history category is different from that stated above, the parties may not withdraw from this agreement, and the defendant will be sentenced pursuant to the Court's determinations.

Appears in 5 contracts

Samples: www.justice.gov, kstp.com, www.justice.gov

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Discretion of the Court. The foregoing stipulations are binding on the parties, but do not bind the Court. The parties understand that the Sentencing Guidelines are advisory and their application is a matter that falls solely within the Court's ’s discretion. The Court may make its own determination regarding the applicable guideline factors and the applicable criminal history category. The Court may also depart from the applicable guidelines. If the Court determines that the applicable guideline calculations or the defendant's ’s criminal history category is different from that stated above, the parties may not withdraw from this agreement, and the defendant will be sentenced pursuant to the Court's ’s determinations.

Appears in 2 contracts

Samples: www.xbiz.com, www.justice.gov

Discretion of the Court. The foregoing stipulations are binding on the parties, but do not bind the Court. The parties understand that the Sentencing Guidelines are advisory and that their application is a matter that falls solely within the Court's ’s discretion. The Court may will make its own determination regarding the applicable guideline Guidelines factors and the applicable criminal history category. The Court may also vary and/or depart from the applicable guidelinesGuidelines range. If the Court determines that the applicable guideline calculations or the defendant's ’s criminal history category is different from that stated above, the parties may not withdraw from this agreement, and the defendant will be sentenced pursuant to the Court's ’s determinations.

Appears in 1 contract

Samples: www.justice.gov

Discretion of the Court. The foregoing stipulations are binding on the parties, but do not bind the Court. The parties understand that the Sentencing Guidelines are advisory and their application is a matter that falls solely within the Court's ’s discretion. The Court may make its own determination determinations regarding the applicable guideline factors and the applicable criminal history category. The Court may also depart from the applicable guidelines. If the Court determines that the applicable guideline calculations or the defendant's ’s criminal history category is different from that stated above, the parties may not withdraw from this agreement, Agreement and the defendant will be sentenced pursuant to the Court's ’s determinations.

Appears in 1 contract

Samples: www.investigativeproject.org

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Discretion of the Court. The foregoing stipulations are binding on the parties, but do not bind the Court. The parties understand that the Sentencing Guidelines are advisory and their application is a matter that falls solely within the Court's discretion. The Court may make its own determination regarding the applicable guideline factors and the applicable criminal history category. The Court may also depart from the applicable guidelines. If the Court determines that the applicable guideline calculations or the defendant's criminal history category is different from that stated above, the parties neither party may not withdraw from this agreement, and the defendant will be sentenced pursuant to the Court's ’s determinations.

Appears in 1 contract

Samples: www.justice.gov

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