NCJ Number
123153
Journal
Federal Probation Volume: 54 Issue: 1 Dated: (March 1990) Pages: 65-71
Date Published
1990
Length
7 pages
Annotation
This analysis of Federal sentencing guidelines focuses on the role of the presentence report under the Sentencing Reform Act of 1984, the use of probation under the Anti-Drug Abuse Act of 1986, and other aspects of guidelines and the use of probation.
Abstract
Under the Sentencing Reform Act, a presentence report is required in every case unless the record contains enough information to sentence under the applicable guidelines. A section focusing on factors that may warrant departure from the guidelines is also recommended. Judicial decisions under the Anti-Drug Abuse Act of 1986 have not yet made clear whether probation is appropriate for certain felonies and for which defendants assist law enforcement officials to avoid mandatory minimum penalties. Other case law addresses the application of sentencing guidelines in prosecutions under the Assimilative Crimes Act and the definition of constructive possession of drugs and firearms under the Anti-Drug Abuse Act of 1988. Footnotes.