Expression, Judgment in a Criminal Case (Statement of Reasons)

• Legal Form Number: AO 245SOR
• Court: United States Federal Court
• Section: United States Federal Court

AO 245 SOR (Rev. 09/15) Judgment in a Criminal Case

Attachment (Page 1) — Statement of Reasons

DEFENDANT:

CASE NUMBER:

DISTRICT: STATEMENT OF REASONS

(Not for Public Disclosure)

Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony and Class A misdemeanor cases.

I. COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT

A.

The court adopts the presentence investigation report without change.

B. The court adopts the presentence investigation report with the following changes: (Use Section VIII if necessary)

(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report)

1. Chapter Two of the United States Se ntencing Commission Guidelines Manual determinations by court: (briefly

summarize the changes, including changes to base offense level, or specific offense characteristics)

2.

Chapter Three of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly

summarize the changes, including changes to victim-related adjustments, role in the offense, obstruction of justice, multiple counts, or acceptance of

responsibility)

3.

Chapter Four of the United States Sentencing Commission Guidelines Manual determinations by court: (briefly

summarize the changes, including changes to criminal history category or scores, career offender status, or criminal livelihood determinations)

4.

Additional Comments or Findings: (include comments or factual findings concerning any information in the presentence report,

including information that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation, or programming decisions;

any other rulings on disputed portions of the presentence investigation report; identification of those portions of the report in dispute but for which a

court determination is unnecessary because the matter will not affect sentencing or the court will not consider it)

C. The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.

Applicable Sentencing Guideline: (if more than one guideline applies, list the guideline producing the highest offense level)

II. COURT FINDINGS ON MANDATORY MINIMUM SENTENCE (Check all that apply)

A.

One or more counts of conviction carry a mandatory minimu m term of imprisonment and the sentence imposed is at or

above the a

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licable mandator

y

minimum term.

B.

One or more counts of conviction carry a mandatory minimum term of imprisonment, but the sentence imposed is below

the mandatory minimum term because the court has determined that the mandatory minimum term does not apply based on:

findings of fact in this case: (Specify)

substantial assistance (18 U.S.C. § 3553(e))

the statutory safety valve (18 U.S.C. § 3553(f))

C.

No count of conviction carries a mandatory minimum sentence.

III. COURT DETERMINATION OF GUIDELINE RANGE: (BEFORE DEPARTURES OR VARIANCES)

Total Offense Level:

Criminal History Category:

Guideline Range: (after application of §5G1.1 and §5G1.2) to months

Supervised Release Range: to years

Fine Range: $ to $

Fine waived or below the guideline range because of inability to pay.