Establishes within the judicial branch a United States Commission on Sentencing to, among other functions, promulgate and distribute suggested sentencing ranges and guidelines for Federal courts.
Specifies factors to be considered by a sentencing court in imposing a term of imprisonment, a fine, or a term of probation, including: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence to adequately deter criminal conduct; (3) whether other less restrictive sanctions have been applied to the defendant frequently or recently; and (4) any guidelines established by the Commission.
Requires a court in every case in which it imposes a term of imprisonment or a fine to make as part of the record and to disclose in open court to the defendant at time of sentencing a statement of the reasons for the sentence imposed.
Provides that in any case in which a sentence has been imposed, with the exception of certain cases involving plea agreements, an appeal by right of such sentence may be filed with a United States court of appeals by (1) the United States if the sentence includes a fine or term of imprisonment less than the minimum established by law or the minimum established by the sentencing guidelines of the Commission, or (2) the defendant if the sentence includes a fine or term of imprisonment more than the maximum established by law or the maximum established by the sentencing guidelines.
Directs the court of appeals to overturn the sentence if it finds that (1) the Commission's sentencing guidelines and ranges were erroneously applied and the sentence imposed outside the guidelines and ranges was unreasonable or (2) the sentence imposed, even though within Commission-guidelines and ranges, constitutes an abuse of discretion.
Referred to House Committee on the Judiciary.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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