Form Ao 245b - Judgment In A Criminal Case - United States District Court Page 22
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24AO 245B
(Rev. 09/11) Judgment in a Criminal Case
Attachment (Page 2) — Statement of Reasons
DEFENDANT:
CASE NUMBER:
District of
DISTRICT:
STATEMENT OF REASONS
(Not for Public Disclosure)
(Not for Public Disclosure)
IV
ADVISORY GUIDELINE SENTENCING DETERMINATION
(Check only one.)
G
A
The sentence is within an advisory guideline range that is not greater than 24 months, and the court finds no reason to depart.
G
B
The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use page 4 if necessary.)
G
C
The court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.
(Also complete Section V.)
G
D
The court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)
V
DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES
(If applicable.)
A
The sentence imposed departs
:
(Check only one.)
G
below the advisory guideline range
G
above the advisory guideline range
B
Departure based on
:
(Check all that apply.)
1
Plea Agreement
:
(Check all that apply and check reason(s) below.)
G
5K1.1 plea agreement based on the defendant’s substantial assistance
G
5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
G
binding plea agreement for departure accepted by the court
G
plea agreement for departure, which the court finds to be reasonable
G
plea agreement that states that the government will not oppose a defense departure motion.
2
Motion Not Addressed in a Plea Agreement
:
(Check all that apply and check reason(s) below.)
G
5K1.1 government motion based on the defendant’s substantial assistance
G
5K3.1 government motion based on Early Disposition or “Fast-track” program
G
government motion for departure
G
defense motion for departure to which the government did not object
G
defense motion for departure to which the government objected
3
Other
G
Other than a plea agreement or motion by the parties for departure
:
(Check reason(s) below.)
C
Reason(s) for Departure
(Check all that apply other than 5K1.1 or 5K3.1.)
G
G
G
4A1.3
Criminal History Inadequacy
5K2.1
Death
5K2.11 Lesser Harm
G
G
G
5H1.1
Age
5K2.2
Physical Injury
5K2.12 Coercion and Duress
G
G
G
5H1.2
Education and Vocational Skills
5K2.3
Extreme Psychological Injury
5K2.13 Diminished Capacity
G
G
G
5H1.3
Mental and Emotional Condition
5K2.4
Abduction or Unlawful Restraint
5K2.14 Public Welfare
G
G
G
5H1.4
Physical Condition
5K2.5
Property Damage or Loss
5K2.16 Voluntary Disclosure of Offense
G
G
G
5H1.5
Employment Record
5K2.6
Weapon or Dangerous Weapon
5K2.17 High-Capacity, Semiautomatic Weapon
G
G
G
5H1.6
Family Ties and Responsibilities
5K2.7
Disruption of Government Function
5K2.18 Violent Street Gang
G
G
G
5H1.11
Military Record, Charitable Service,
5K2.8
Extreme Conduct
5K2.20 Aberrant Behavior
G
G
Good Works
5K2.9
Criminal Purpose
5K2.21 Dismissed and Uncharged Conduct
G
G
G
5K2.0
Aggravating or Mitigating Circumstances
5K2.10 Victim’s Conduct
5K2.22 Age or Health of Sex Offenders
G
5K2.23 Discharged Terms of Imprisonment
G
Other guideline basis (e.g., 2B1.1 commentary)
D
Explain the facts justifying the departure.
(Use page 4 if necessary.)
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