Criminal Law

Specific Offender Characteristics - Determining the Sentence

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November 1, 2005GUIDELINES MANUAL§5H1.12

Historical Note:: Effective November 1, 1987. Amended effective October 27, 2003 (see Appendix C, amendment 651).

§5H1.9. Dependence upon Criminal Activity for a Livelihood (Policy Statement)

The degree to which a defendant depends upon criminal activity for a livelihood is relevant in determining the appropriate sentence. See Chapter Four, Part B (Career Offenders and Criminal Livelihood).

Historical Note:: Effective November 1, 1987.

§5H1.10. Race, Sex, National Origin, Creed, Religion, and Socio-Economic Status (Policy Statement)

These factors are not relevant in the determination of a sentence.

Historical Note:: Effective November 1, 1987.

§5H1.11. Military, Civic, Charitable, or Public Service; Employment-Related Contributions; Record of Prior Good Works (Policy Statement)

Military, civic, charitable, or public service; employment-related contributions; and similar prior good works are not ordinarily relevant in determining whether a departure is warranted.

Historical Note:: Effective November 1, 1991 (see Appendix C, amendment 386). Amended effective November 1, 2004 (see Appendix C, amendment 674).

§5H1.12. Lack of Guidance as a Youth and Similar Circumstances (Policy Statement)

Lack of guidance as a youth and similar circumstances indicating a disadvantaged upbringing are not relevant grounds in determining whether a departure is warranted.

Historical Note:: Effective November 1, 1992 (see Appendix C, amendment 466). Amended effective November 1, 2004 (see Appendix C, amendment 674).

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