The guidelines of the point system, shown in this table, is supposed to ensure a consistent sentence based on a crime's severity and a person's criminal history. The first column indicates the level of the crime into 43 levels. The higher the level the more severe the crime. The following columns to the right of Offense Level are the suggested time frames based on the criminal history and if a person is a repeated offender.
The Sentencing Table integrates these factors, providing flexibility for judges to deviate based on
- Zones, refers to different sentencing categories
- Adjustments, indicates modifications to the suggested sentence
- and Departures, allows judges to move away from the recommended sentence based on specific circumstances in a case.
While not mandatory, the guidelines are widely used despite a Supreme Court ruling:
- Stating that the legal point system violates the Sixth Amendment right to trial by jury
- Stating that it is unconstitutional
- And that it makes appeals challenging
(based on the 2005 United States v. Booker case United States v. Booker | Oyez)
Gezo Edwards Story
Convicted for one count of conspiracy to distribute and possess with intent to distribute over 5kg of cocaine. His base Offense Level was 36 points indicating about a 17 year/204 months sentencing. His sentence should be based upon what he was found guilty of, but this is not the case for my father and many others:
- The government enhanced his sentence by 10 points for conduct that was NOT on the indictment and NEVER went before the jury.
- Two of the points actually came from a charge he was found INNOCENT of
- With theses extra points, his sentence went from just 17 years to life (46 points)
END UNJUST SENTENCE ENHANCEMENTS updates
UPDATE ACQUITTED CONDUCT PETITION 08/2023
Greetings community! I hope all is well with you. Our fight to change the use of acquitted conduct is far from over. The Sentencing Commission has made acquitted conduct a priority. The Supreme Court recently denied several petitions for writs of certiorari* related to the use of acquitted conduct. In issuing the denials, three Justices supported the denial to allow the Commission more time to address the issue. "Last year's amendment cycle was busy and abbreviated. The commission appreciates the opportunity to give proper attention to acquitted conduct and we will do so this year," said Judge Reeves.
UPDATE ON ACQUITTED CONDUCT PETITION 07/2023
Greetings! I would like to give y'all an update on our acquitted conduct petition. Unfortunately, on June 30th the Supreme Court denied review to the thundering herd of petitions raising the constitutionality of acquitted conduct sentencing. This is just further evidence of how our government is and continues to incarcerate people using unlawful means. They do not even want to review the issue. Justice Sotomayor and several others, disagreed with the majority's denial of reviewing the acquitted conduct sentencing. The government has been evading this topic for 5 months now, but this is not the end. We must continue the fight, by forcing Congress to change the law!