PSRs: Departures & Variances
In light of the Court’s obligation to sentence consistent with the factors in 18 U.S.C. § 3553(a), how do we ensure that the Court receives all relevant information about the offender? A diverse panel of probation officers and attorneys will discuss evolving best practices for obtaining this information and ensuring it is accurately described in the presentence report. This session will also address departures and variances, as well as the importance of the Statement of Reasons form, which courts are required to complete and file after every sentencing. What’s the purpose of all the checkboxes, how is it filled it out, and what happens to it? For litigators, how do I get to the sentence I want? This session will address some of the Commission’s publications that have been of interest to litigators, probation officers and judges, including the career offender, recidivism, and child pornography offender reports. Learn the possible relevance of this information to sentencing.
The following quick reference materials were distributed at the 2018 National Seminar on departures and variances.