Legal Question in Criminal Law in Nevada

"crime punishable by imprisonment for a term exceeding one year" Federal

Would the underlying Statute in the US Code determine the maximum allowable sentence in calculating whether a crime was punishable by imprisonment exceeding one year or could the US Sentencing Guidelines be used to determine the same.

Example: A crime could carry a five year max sentence under statute but given an offenders crime, criminal history, role, acceptance, etc., would carry a maximum sentence of 6 months under the sentencing guidelines. Which prevails?


Asked on 1/28/98, 11:47 pm

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Statute or USSG

Generally, whichever would give you the highest total offense level would apply. Look at the guidelines if there is no specific guideline, apply the nearest guideline for that type of offense behavior. then, just do the math. See 18 USC Sec. 3553.Hope this helps somewhat.

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Answered on 1/31/98, 12:39 am


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