NCJ Number
140272
Date Published
1992
Length
37 pages
Annotation
This article explains the Federal sentencing guideline entitled "Relevant Conduct," which constitutes the cornerstone of the Federal sentencing guideline system.
Abstract
"Relevant Conduct," as understood by the Federal sentencing guidelines has three dimensions: a temporal dimension, which focuses on the totality of a defendant's conduct from the planning stages of the offense to the post-offense behavior that bears on the possible guideline adjustments of obstruction and acceptance of responsibility; an accomplice-attribution dimension, which focuses on the conduct of others who act in concert with the defendant and for which the defendant should be held accountable at sentencing; and a third dimension that incorporates both of the other two dimensions and permits the court to look beyond the actual offense of conviction to the entire range of a defendant's similar offense behavior. Once the court has determined the offense conduct guideline most applicable to the offense of conviction, it is this composite of the defendant's conduct and related information that essentially determines the appropriate guideline sentencing range. In applying Relevant Conduct precepts and resolving related disputes, courts generally should be governed by a preponderance- of-the-evidence standard of proof, with the burden of persuasion generally resting on the government to establish aggravating factors and on the defendant to establish mitigating factors. The court can then draw upon any other reliable, relevant information to complete the composition of an appropriate sentence. Appended Relevant Conduct guideline with commentary and 138 footnotes