U.S.S.G. § 8B1.3
Community Service – Organizations
§8B1.3. Community Service – Organizations (Policy Statement)
Community service may be ordered as a condition of probation where such community service is reasonably designed to repair the harm caused by the offense.
Commentary
Background: An organization can perform community service only by employing its resources or paying its employees or others to do so. Consequently, an order that an organization perform community service is essentially an indirect monetary sanction, and therefore generally less desirable than a direct monetary sanction. However, where the convicted organization possesses knowledge, facilities, or skills that uniquely qualify it to repair damage caused by the offense, community service directed at repairing damage may provide an efficient means of remedying harm caused.In the past, some forms of community service imposed on organizations have not been related to the purposes of sentencing. Requiring a defendant to endow a chair at a university or to contribute to a local charity would not be consistent with this section unless such community service provided a means for preventive or corrective action directly related to the offense and therefore served one of the purposes of sentencing set forth in 18 U.S.C. § 3553(a).
Historical Note: Effective November 1, 1991 (amendment 422).
Notes of Decisions
Cited in 7
cases, 1994–2016 · leading case: United States v. William C. Campbell, 491 F.3d 1306 (11th Cir. 2007).
United States v. William C. Campbell, 491 F.3d 1306 (11th Cir. 2007). “The district court declined the government’s requests for an increase in the base offense level for abuse of a position of trust, see U.S.S.G. § 8B1.3, and disruption of governmental function, see U.”
United States v. Waldner, 580 F.3d 699 (8th Cir. 2009). “Third, Waldner challenges his two-level enhancement for abuse of a position of private trust under USSG § 8B1.3. The commentary to section 3B1.”
United States v. David W. Duerson, 25 F.3d 376 (6th Cir. 1994). “Ill U.S.S.G. § 8B1.3 requires a two-level increase in a defendant’s base offense level “[i]f the defendant abused a position of public or private trust, or used a special skill, in a manner that significantly facilitated the commission or concealment of the offense.”
United States v. Tonawanda Coke Corp., 5 F. Supp. 3d 343 (W.D.N.Y. 2014). “” U.S.S.G. § 8B1.3. The commentaries to the Sentencing Guidelines recognize that: An organization can perform community service only by employing its resources or paying its employees or others to do so.”
14-1091-Cr (2d Cir. 2016). “§ 3563 (b); see also U.S.S.G. § 8B1.3 (policy statement concerning imposition of community service on organizational defendants providing that “[c]ommunity service may be ordered as a condition of probation where such community service is reasonably designed to repair the harm…”
United States v. Tonawanda Coke Corp., 636 F. App'x 24 (2d Cir. 2016). “§ 3563 (b); see also U.S.S.G. § 8B1.3 (policy statement concerning imposition of community service on organizational defendants providing that “[cjommunity service may be ordered as a condition of probation where such community service is reasonably designed to repair the harm…”
United States v. Poitra, 359 F. Supp. 2d 837 (D.N.D. 2004). “l(c) for leadership role; a two-level *840 enhancement under U.S.S.G. § 8B1.3 for abusing a position of public trust; and a two-level enhancement under U.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.