Common use of Sentencing Clause in Contracts

Sentencing. The defendant is aware that the sentence will be imposed by the Court after considering the Federal Sentencing Guidelines and Policy Statements (hereinafter "Sentencing Guidelines"). The defendant acknowledges and understands that the Court will compute an Case 1:09-mj-00015-JMF Document 3 Filed 01/12/2009 Page 3 of 13 advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court relying in part on the results of a Pre-Sentence Investigation by the U.S. Probation Office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court may depart from the advisory sentencing guideline range that it has computed, and may raise that advisory sentence up to and including the statutory maximum sentence or lower that advisory sentence. The defendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose that sentence; the Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offense identified in paragraph one and that the defendant may not withdraw the plea solely as a result of the sentence imposed.

Sentencing. The defendant is aware that the sentence will be imposed by the Court court after considering the Federal United States Sentencing Guidelines and related Policy Statements (hereinafter "“U.S.S.G.” or “Sentencing Guidelines"”). The defendant acknowledges and understands that the Court court will compute an Case 1:09-mj-00015-JMF Document 3 Filed 01/12/2009 Page 3 of 13 advisory sentence under the Sentencing Guidelines and that the applicable guidelines will be determined by the Court court relying in part on the results of a Pre-Sentence Investigation conducted by the U.S. Probation Officecourt's probation office, which investigation will commence after the guilty plea has been entered. The defendant is also aware that, under certain circumstances, the Court court may depart from the advisory sentencing guideline range that it has computed, and may raise that advisory sentence up to and including the statutory maximum sentence sentence, or lower that advisory sentence. The defendant is further aware and understands that the Court court is required to consider the advisory guideline range determined under the Sentencing Guidelines, Guidelines but is not bound to impose that sentence; , that the Court court is permitted to tailor the ultimate sentence in light of other statutory concerns, and that such ultimate sentence may be either more severe or less severe than the Sentencing Guidelines' advisory sentence. Knowing these facts, the defendant understands and acknowledges that the Court court has the authority to impose any sentence within and up to the statutory maximum authorized by law for the offense identified in paragraph one 1 and that the defendant may not withdraw the plea solely as a result of the sentence imposed.