Convictions on multiple counts do not result in sentence enhancement unless they represent additional conduct that is not otherwise accounted for by the guidelines. For example, embezzling money from a bank and falsifying related records, although distinct offenses, involve the same type of conduct, the same victim, and the same degree and amount of harm. A defendant s criminal liability history category is based upon the number and severity of prior offenses, and whether the present offense was committed while on some form of criminal justice supervision. Each of the six possible criminal history categories increases the severity of the punishment range by approximately 12 percent. The sentencing judge may then impose a sentence within the applicable guideline range.
Probation is subject to numerous restrictions.
If the judge departs from the guidelines because of any aggravating or mitigating factors not taken into account by Commission, reasons for such departure must be stated in writing. Problems and ambiguities in applying the guidelines will inundate our courts for years to come. For example, do the federal guidelines apply to criminal activity that occurred before November 1, 1987. Apparently, in an effort to avoid a confrontation with the Ex Post Facto clause, the Department of Justice has taken the position that the guidelines only apply to criminal conduct committed after November 1, 1987. The Court held that the revised guidelines increasing the length of sentences could not be applied to a person whose crimes were committed before the law s effective date.