U.S.S.G. § 8D1.3
Conditions of Probation – Organizations
(a) Pursuant to 18 U.S.C. § 3563(a)(1), any sentence of probation shall include the condition that the organization not commit another federal, state, or local crime during the term of probation.
(b) Pursuant to 18 U.S.C. § 3563(a)(2), if a sentence of probation is imposed for a felony, the court shall impose as a condition of probation at least one of the following: (1) restitution or (2) community service, unless the court has imposed a fine, or unless the court finds on the record that extraordinary circumstances exist that would make such condition plainly unreasonable, in which event the court shall impose one or more other conditions set forth in 18 U.S.C. § 3563(b).
(c) The court may impose other conditions that (1) are reasonably related to the nature and circumstances of the offense or the history and characteristics of the organization; and (2) involve only such deprivations of liberty or property as are necessary to effect the purposes of sentencing.
Historical Note: Effective November 1, 1991 (amendment 422). Amended effective November 1, 1997 (amendment 569); November 1, 2009 (amendment 733).
Notes of Decisions
Cited in 2
cases, 2000–2004 · leading case: United States v. Thomas Fitzgerald, 232 F.3d 315 (2d Cir. 2000).
United States v. Thomas Fitzgerald, 232 F.3d 315 (2d Cir. 2000). “U.S.S.G. § 8D1.3(b). We need not decide, therefore, whether it is proper to do a multi-count analysis where the relevant conduct could not be grouped with the counts of conviction.”
United States v. Greenpeace, Inc., 314 F. Supp. 2d 1252 (S.D. Fla. 2004). “Second, even if I were to consider the Sentencing Guidelines— which are inapplicable to Class B misdemeanors—persuasive to frame appropriate conditions of probation for Greenpeace, access to business records is not required as a condition of probation under USSG § 8D1.”
— U.S.S.G. §8D1.3(b) — 1 case
United States v. Thomas Fitzgerald, 232 F.3d 315 (2d Cir. 2000). “U.S.S.G. § 8D1.3(b). We need not decide, therefore, whether it is proper to do a multi-count analysis where the relevant conduct could not be grouped with the counts of conviction.”
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