Estimated Total Offense Level Sample Clauses

Estimated Total Offense Level. The parties estimate that the Total Offense Level is thirty-eight (38) if section 4B1.5(b)(1) is found to apply or thirty-three (33) if Section 4B1.5(b)(1) is not found to apply.
Sample 1
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Estimated Total Offense Level. The parties estimate that the Total Offense Level is 28, unless defendant is a Career Offender. Depending on the underlying offense and defendant’s criminal history, defendant could be a Career Offender pursuant to Section 4B1.1. If the Court finds defendant is a Career Offender, the Total Offense Level may be higher and the Criminal History Category may be as high as Category VI. Defendant has discussed these possibilities with defense counsel. Both parties reserve the right to argue that the defendant is or is not a Career Offender. However, the parties agree that regardless of these Guideline calculations, both parties will request a sentence of 10 years (120 months).
Sample 1

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