Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The offense level is 16, pursuant to Guideline § 2A3.5(a)(1) because the defendant is a Tier III offender. ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The parties agree that the base offense level is 166, pursuant to Guideline § 2A3.5(a)(1) because the defendant is a Tier III offender.to ii. The parties agree that the offense level must be increased by 6 iii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. iiiiv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 166, pursuant to Guideline iii. Pursuant to Guideline § 2A3.5(a)(1) 3B1.3, defendant’s offense level is increased by 2 levels because defendant used a position of public or private trust in a manner that significantly facilitated the defendant is a Tier III offendercommission of the offense. iiiv. Defendant clearly has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 7, pursuant to Guideline ii. The offense level is 16increased by 14 levels, to 21, pursuant to Guideline § 2A3.5(a)(1) 2B1.1(b)(1)(H), because the defendant loss to Company A is a Tier III offendermore than $500,000 but less than $1,500,000. iiiii. The offense level is increased by 2 levels, to 23, pursuant to Guideline § 3B1.3, because defendant abused a position of public or private trust. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level for Count One is 167, pursuant to Guideline § 2A3.5(a)(1) because the defendant is a Tier III offender2B1.1(a)(1). ii. The offense level is increased by twelve levels to 19, pursuant to Guideline § 2B1.1(b)(1)(H), because the loss to Company A is more than $250,000. iii. The offense level is increased by two levels to 21, pursuant to Guideline § 3B1.3, because defendant abused a position of public or private trust. iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 1614, pursuant to Guideline § 2A3.5(a)(1) 2C1.1(a)(1), because the defendant is was a Tier III offenderpublic official. ii. It is the government’s position that, pursuant to Guideline § 2B1.1(b)(1)(B), the base offense level is increased by 2, because the value of the bribe was more than $5,000 but less than $10,000. Defendant reserves the right to argue that this enhancement does not apply. iii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. iiiiv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 1626, pursuant to Guideline § 2A3.5(a)(1) 2M5.2(a)(1), because the defendant is a Tier III offenderoffense involved more than two non-fully automatic small arms weapons. ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 167, pursuant to Guideline § 2A3.5(a)(1) 2B1.1 ii. The offense level is increased by 18 levels, pursuant to Guideline § 2B1.1(b)(1)(J), because the amount of the loss is between $3,500,000 and $9,500,00. iii. The offense level is increased by 2 levels, pursuant to Guideline § 3B1.3, because the defendant is abused a Tier III offenderposition of trust in committing the instant offense. iiiv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 1614, pursuant to Guideline § 2A3.5(a)(1Guideline (a) because defendant was a public official when he committed the defendant is a Tier III offenderinstant offense, namely, an employee of the City of Chicago Department of Buildings. ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. iii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 16, 14 pursuant to Guideline § 2A3.5(a)(12K2.1(a)(6) because the defendant is committed the offense with knowledge that the offense would result in the transfer of a Tier III offenderfirearm to a prohibited person under 18 U.S.C. § 922(g). ii. Pursuant to Guideline § 2K2.1(b)(1)(A), the offense level is increased by two levels to 16, because the offense involved three firearms. iii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his her ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate. iiiiv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.

Offense Level Calculations. i. The base offense level is 16, 8 pursuant to Guideline § 2A3.5(a)(1) because the defendant is a Tier III offender2B5.3(a). ii. The government will contend that as a result of the infringement amount of the offense and relevant conduct, the offense level should be increased by 8 levels to level 16 pursuant to Guideline §§ 2B1.1(b)(1)(E) and 2B5.3(b). The defendant reserves the right to contest the infringement amount. iii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate. iiiiv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-one- level reduction in the offense level.