The Violent Crime and Law Enforcement Act of 1994

calculated by adding 3 points for each prior sentence of imprisonment exceeding one
year and one month; adding 2 points for each prior sentence of imprisonment of at least
sixty days but not more than 13 months; adding 1 point for each prior sentence of less
than sixty days; adding 2 points if the defendant committed the instant offense while
under any criminal justice sentence, including probation, parole, supervised release,
imprisonment, work release, or escape status; adding 2 points if the defendant
committed the instant offense less than two years after release from imprisonment on a
sentence of sixty days or more or while in imprisonment or escape status on such a
sentence, except that if 2 points are added committing the offense while under a
criminal justice sentence, adding only 1 point for this item; and adding 1 point for each
prior sentence resulting from a conviction of a crime of violence that did not receive any
points because such sentence was counted as a single sentence, up to a total of 3
points for this item.
The guidelines require
"counting
prior
adult diversionary dispositions if
they involved a judicial
determination of guilt or
an admission of guilt in open
court. This reflects a policy that
defendants who receive the
benefit of a rehabilitative
sentence and continue to
commit crimes should not be
treated with further leniency."
Zones
There are four sentencing
zones: A, B, C, and D. Zone A
consists of sentencing ranges of 0–6 months. Zone B consists of sentencing ranges
above Zone A but with a maximum penalty of no more than 15 months. Zone C consists
of sentencing ranges above Zone B but whose minimum penalty is less than 12 months.
Zone D consists of sentencing ranges above Zone C.
A defendant in Zone A is eligible for Federal Probation, and no term of imprisonment is
required. Probation is also authorized if the applicable guideline range is in Zone B of
the Sentencing Table and the court imposes a condition or combination of conditions
requiring intermittent confinement, community confinement, or home detention as
provided in U.S.S.G. § 5C1.1(c)(3) (2012), but at least one month of the sentence must
be satisfied by imprisonment. A split sentence is authorized for defendants in Zone C.
That is, Zone C defendants must serve at least half of their sentence in prison.
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