NCJ Number
146124
Date Published
1990
Length
21 pages
Annotation
This memorandum of the Offense Working Group of the U.S. Sentencing Commission proposes an amendment to the U.S. Sentencing Guidelines pertinent to sentencing according to the role played by each individual in an offense by a group.
Abstract
The memorandum first provides information on past sentencing practice, current monitoring, and case review and departure. It then reports on court decisions in which "role" is addressed in the fashioning of the sentence. The working group's proposed amendment concludes the memorandum. It directs the sentencing judge to apply the role adjustment according to the relevant conduct of the particular defendant. Examples in the commentary show how the guideline should be applied to direct judges more clearly as to the intent of the Sentencing Commission about who are "organizers" and "leaders" in the commission of the offense. Examples also focus on the meaning of "otherwise extensive" in the guideline and the application of the mitigating-role adjustments. Also, based on the Technical Assistance Service information, the working group clarifies the application of the "Abuse of Trust" enhancement of section 3B1.3. The commentary focuses on role sentencing adjustments where sentencing has been particularly disparate. These are cases in which the defendant is the wife or girlfriend of a major narcotics dealer and where a single courier is arrested while transporting large quantities of controlled substances.