2005 Federal Sentencing Guidelines


CHAPTER FIVE - PART H - SPECIFIC OFFENDER CHARACTERISTICS

§5H1.1. Age (Policy Statement)

Age (including youth) is not ordinarily relevant in determining whether a departure is warranted. Age may be a reason to depart downward in a case in which the defendant is elderly and infirm and where a form of punishment such as home confinement might be equally efficient as and less costly than incarceration. Physical condition, which may be related to age, is addressed at §5H1.4 (Physical Condition, Including Drug or Alcohol Dependence or Abuse; Gambling Addiction).

Historical Note: Effective November 1, 1987. Amended effective November 1, 1991 (see Appendix C, amendment 386); November 1, 1993 (see Appendix C, amendment 475); October 27, 2003 (see Appendix C, amendment 651); November 1, 2004 (see Appendix C, amendment 674).