U.S.S.G. § 8D1.2
Term of Probation – Organizations
(a) When a sentence of probation is imposed—
(1) In the case of a felony, the term of probation shall be at least one year but not more than five years.
(2) In any other case, the term of probation shall be not more than five years.
Commentary
Application Note:
1. Within the limits set by the guidelines, the term of probation should be sufficient, but not more than necessary, to accomplish the court's specific objectives in imposing the term of probation. The terms of probation set forth in this section are those provided in 18 U.S.C. § 3561(c).Historical Note: Effective November 1, 1991 (amendment 422). Amended effective November 1, 2013 (amendment 778).
Notes of Decisions
Cited in 6
cases, 2000–2014 · leading case: United States v. Roberto Lopez-Urbina Raul Badillo-Rangel, 434 F.3d 750 (5th Cir. 2005).
United States v. Roberto Lopez-Urbina Raul Badillo-Rangel, 434 F.3d 750 (5th Cir. 2005). “” U.S.S.G. § 8D1.2,-cmt. n. 6. The commentary elucidates that whether offenses- are of the “same general type” is to be construed broadly.”
United States v. Adan Garcia-Figueroa, 753 F.3d 179 (5th Cir. 2014). “” U.S.S.G. § 8D1.2 cmt. n. 2. In the context of immigration offenses, the application notes indicate that the “victim” is the societal “interest[] protected by laws governing immigration”: For offenses in which there are no identifiable victims (e.”
United States v. Saul Dos Reis, 369 F.3d 143 (2d Cir. 2004). “The presentence report (“PSR”) separated the two counts into two groups under U.S.S.G. § 8D1.2 because they involved separate victims.”
United States v. Rennie Albert Waugh, Jr., 207 F.3d 1098 (8th Cir. 2000). “Where, as here, the offenses involved different victims, were separated in time, and involved dissimilar conduct, grouping is not appropriate and the court retains the discretion to sentence either consecutively or concurrently.”
United States v. Ramiro Hernandez, 194 F. App'x 851 (11th Cir. 2006). “05(1) and § 2424(a) should have been combined, for sentencing purposes and pursuant to U.S.S.G. § 8D1.2, 3 with each other and with the offense of conviction because these three offenses occurred contemporaneously and “although legally distinct offenses, represent!] essentially…”
United States v. Cani, 545 F. Supp. 2d 1235 (M.D. Fla. 2008). “See USSG § 8D1.2. In Cani’s case, all four Counts are grouped together.”
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