![]() ![]() 111–174 substituted “a statement of reasons form issued under section 994(w)(1)(B) of title 28” for “the written order of judgment and commitment”.Ģ003-Subsec. (1) which read as follows: “the defendant does not have more than 1 criminal history point, as determined under the sentencing guidelines ”. 115–391, § 402(a)(1)(A), (C), in introductory provisions, substituted “, section 1010” for “or section 1010” and inserted “, or section 70503 or 70506 of title 46” after “963)”, and inserted concluding provisions. In the absence of an applicable sentencing guideline in the case of an offense other than a petty offense, the court shall also have due regard for the relationship of the sentence imposed to sentences prescribed by guidelines applicable to similar offenses and offenders, and to the applicable policy statements of the Sentencing Commission.Ģ018-Subsec. In the absence of an applicable sentencing guideline, the court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection (a)(2). ![]() In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission. Except as provided in paragraph (2), the court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described. ![]()
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