The Violent Crime and Law Enforcement Act of 1994

In 2010, the U.S. Sentencing Commission proposed expanding Zones B and C, in
recognition of the fact that many offenders are sentenced to 12 months and 1 day in
order to receive the benefit of good time under U.S. federal law.
Reductions in Time to Be Served
Adjustments
A 2- or 3-level offense level decrease is typically granted for acceptance of
responsibility if the defendant accepts a plea bargain. However, the decrease will not
apply if the defendant demonstrates behavior, such as continued criminal activity, that is
inconsistent with acceptance of responsibility.
Increase in Time to Be Served
There are victim-related adjustments for hate crime motivation or vulnerable
victims; official victims; restraint of victims; and terrorism. Adjustments can apply
depending on the offender's role in the offense, which can include an aggravating role, a
mitigating role. Enhancements apply for abuse of a position of trust or use of a special
skill, using a minor to commit a crime, and use of body armor or a firearm in drug
trafficking crimes and crimes of violence.
In addition, there are enhancements related to obstruction of justice, including
obstructing or impeding the administration of justice, reckless endangerment during
flight, commission of an offense while on release, and false registration of a domain
name.
Adjustments also apply in cases involving multiple counts.
Departures
Departures upward or downward from the guideline range are appropriate for cases that
deviate from the heartland of cases.
Departures are allowed in cases involving substantial assistance to authorities in the
investigation or prosecution of another person who has committed an offense. Indeed,
the Sentencing Reform Act even allows a departure below the applicable statutory
mandatory minimum in such cases. There is no penalty for refusal to assist authorities.
The Federal Rules of Criminal Procedure and U.S. Sentencing Guidelines require that
the prosecution file a motion allowing the reduction. The court is not required to grant
the reduction, and may decline to do so if it deems the information provided by the
defendant to be untruthful, incomplete, unreliable, insignificant, not useful, or untimely.
The Guidelines provide, "Substantial weight should be given to the government's
evaluation of the extent of the defendant's assistance, particularly where the extent and
value of the assistance are difficult to ascertain."
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