What is the impact of Section 3553(a)(5) of the US Department of Justice's sentencing guidelines on sentencing in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Garcia, 124 F.3d 213 (9th Cir. 1997):
18 U.S.C. 3553 directs the district court to apply a sentence that is sufficient, but not greater than necessary. See 18 U.S.C. 3553. 18 U.S.C. 3553(a)(5) incorporates U.S.S.G. policy statements into 18 U.S.C. 3583 analysis. See 18 U.S.C. 3553. However, because 3553 names the policy statement in the disjunctive a sentencing court may consider either the guidelines or the policy statements. See United States v. Plunkett, 74 F.3d 938, 939 (1996).
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