Judgment In A Criminal Case (Statement Of Reasons) {AO 245SOR}

AO 245 SOR (Rev. 09/15) Judgment in a Criminal Case Attachment (Page 1) -- Statement of Reasons DEFENDANT: CASE NUMBER: DISTRICT: STATEMENT OF REASONS (Not for Public Disclosure) Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony and Class A misdemeanor cases. I. COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT A. B. 1. The court adopts the presentence investigation report without change. The court adopts the presentence investigation report with the following changes: (Use Section VIII if necessary) (Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report) Chapter Two of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly summarize the changes, including changes to base offense level, or specific offense characteristics) 2. Chapter Three of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly summarize the changes, including changes to victim-related adjustments, role in the offense, obstruction of justice, multiple counts, or acceptance of responsibility) 3. Chapter Four of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly summarize the changes, including changes to criminal history category or scores, career offender status, or criminal livelihood determinations) 4. Additional Comments or Findings: (include comments or factual findings concerning any information in the presentence report, including information that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation, or programming decisions; any other rulings on disputed portions of the presentence investigation report; identification of those portions of the report in dispute but for which a court determination is unnecessary because the matter will not affect sentencing or the court will not consider it) The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32. Applicable Sentencing Guideline: (if more than one guideline applies, list the guideline producing the highest offense level) C. II. COURT FINDINGS ON MANDATORY MINIMUM SENTENCE (Check all that apply) A. B. One or more counts of conviction carry a mandatory minimum term of imprisonment and the sentence imposed is at or above the applicable mandatory minimum term. One or more counts of conviction carry a mandatory minimum term of imprisonment, but the sentence imposed is below the mandatory minimum term because the court has determined that the mandatory minimum term does not apply based on: findings of fact in this case: (Specify) substantial assistance (18 U.S.C. § 3553(e)) the statutory safety valve (18 U.S.C. § 3553(f)) C. No count of conviction carries a mandatory minimum sentence. III. COURT DETERMINATION OF GUIDELINE RANGE: (BEFORE DEPARTURES OR VARIANCES) Total Offense Level: Criminal History Category: Guideline Range: (after application of §5G1.1 and §5G1.2) Supervised Release Range: to Fine Range: $ to $ to years months Fine waived or below the guideline range because of inability to pay. American LegalNet, Inc. www.FormsWorkFlow.com AO 245 SOR (Rev. 09/15) Judgment in a Criminal Case Attachment (Page 2) -- Statement of Reasons Not for Public Disclosure DEFENDANT: CASE NUMBER: DISTRICT: STATEMENT OF REASONS IV. GUIDELINE SENTENCING DETERMINATION (Check all that apply) A. B. The sentence is within the guideline range and the difference between the maximum and minimum of the guideline range does not exceed 24 months. The sentence is within the guideline range and the difference between the maximum and minimum of the guideline range . exceeds 24 months, and the specific sentence is imposed for these reasons: (Use Section VIII if necessary) The court departs from the guideline range for one or more reasons provided in the Guidelines Manual. (Also complete Section V) C. D. V. The court imposed a sentence otherwise outside the sentencing guideline system (i.e., a variance). (Also complete Section VI) DEPARTURES PURSUANT TO THE GUIDELINES MANUAL (If applicable) A. The sentence imposed departs: (Check only one) above the guideline range below the guideline range B. Motion for departure before the court pursuant to: (Check all that apply and specify reason(s) in sections C and D) 1. Plea Agreement binding plea agreement for departure accepted by the court plea agreement for departure, which the court finds to be reasonable plea agreement that states that the government will not oppose a defense departure motion 2. Motion Not Addressed in a Plea Agreement government motion for departure defense motion for departure to which the government did not object defense motion for departure to which the government objected joint motion by both parties 3. Other Other than a plea agreement or motion by the parties for departure C. Reasons for departure: (Check all that apply) 4A1.3 5H1.1 5H1.2 5H1.3 5H1.4 5H1.5 5H1.6 5H1.11 5H1.11 5K1.1 5K2.0 Criminal History Inadequacy Age Education and Vocational Skills Mental and Emotional Condition Physical Condition Employment Record Family Ties and Responsibilities Military Service Charitable Service/Good Works Substantial Assistance Aggravating/Mitigating Circumstances 5K2.1 5K2.2 5K2.3 Death Physical Injury Extreme Psychological Injury 5K2.4 Abduction or Unlawful Restraint 5K2.5 Property Damage or Loss 5K2.6 Weapon 5K2.7 Disruption of Government Function 5K2.8 Extreme Conduct 5K2.9 Criminal Purpose 5K2.10 Victim's Conduct 5K2.11 Lesser Harm 5K2.12 Coercion and Duress 5K2.13 Diminished Capacity 5K2.14 Public Welfare 5K2.16 Voluntary Disclosure of Offense 5K2.17 High-Capacity Semiautomatic Weapon 5K2.18 Violent Street Gang 5K2.20 Aberrant Behavior 5K2.21 5K2.22 5K2.23 5K2.24 5K3.1 Dismissed and Uncharged Conduct Sex Offender Characteristics Discharged Terms of Imprisonment Unauthorized Insignia Early Disposition Program (EDP) Other Guideline Reason(s) for Departure, to include departures pursuant to the commentary in the Guidelines Manual: (see "List of Departure Provisions" following the Index in the Guidelines Manual.) (Please specify) D. State the basis for the departure. (Use Section VIII if necessary) American LegalNet, Inc. www.FormsWorkFlow.com AO 245 SOR (Rev. 09/15) Judgment in a Criminal Case Attachment (Page 3) -- Statement of Reasons Not for Public Disclosure DEFENDANT: CASE NUMBER: DISTRICT: STATEMENT