How has discretion under section 3584(a) of the Criminal Code been exercised under Section 3584?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lail, 963 F.2d 263 (9th Cir. 1992):

In United States v. Pedrioli, 931 F.2d 31 (9th Cir.1991) we reasoned that discretion under 3584(a) should be exercised in harmony with the requirements of the sentencing guidelines. Specifically, we held that when exercising 3584(a) discretion "district courts must follow the usual departure procedures." 931 F.2d at 32. "The guideline procedures for departure require that the district court specify the ground for its decision on the record, that the court make accurate findings of fact as to that ground, that the ground for departure be based on reasonable factors not considered by the guidelines, and that the extent of the departure be reasonable." 931 F.2d at 32 n. 2.

Other Questions


When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Can Section 2(b) of the Criminal Code be used as a substitute for Section 3(b)? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.