What is the test for determining if a defendant is a career offender?
MultiRegion, United States of America
The following excerpt is from U.S. v. Murphy, 981 F.2d 1260 (9th Cir. 1992):
A district court's factual findings in the sentencing phase are reviewed for clear error. United States v. Chapnick, 963 F.2d 224, 226 (9th Cir.1992).
A defendant is a career offender if
(1) the defendant was at least eighteen years old at the time of the instant offense,
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
What is the test for determining whether a defendant is a "career offender" under section 4B1 of the Guidelines? (MultiRegion, United States of America)
What are the factors used to determine whether a defendant can reasonably anticipate being called upon to defend a defense in a distant forum? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (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)
What is the test for determining the extent of a drug distribution agreement between a defendant and his co-defendant? (MultiRegion, United States of America)
