Page:United States Statutes at Large Volume 98 Part 2.djvu/860

 98 STAT. 2020

Nondiscrimination,

PUBLIC LAW 98-473—OCT. 12, 1984

category of defendant, establish a sentencing range that is consistent with all pertinent provisions of title 18, United States Code. If a sentence specified by the guidelines includes a term of imprisonment, the maximum of the range established for such a term shall not exceed the minimum of that range by more than 25 per centum. "(c) The Commission, in establishing categories of offenses for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised release, or imprisonment, shall consider whether the following matters, among others, have any relevance to the nature, extent, place of service, or other incidents of an appropriate sentence, and shall take them into account only to the extent that they do have relevance— "(1) the gr^ide of the offense; "(2) the circumstances under which the offense was committed which mitigate or aggravate the seriousness of the offense; "(3) the nature and degree of the harm caused by the offense, including whether it involved property, irreplaceable property, a person, a number of persons, or a breach of public trust; "(4) the community view of the gravity of the offense; "(5) the public concern generated by the offense; "(6) the deterrent effect a particular sentence may have on the commission of the offense by others; and "(7) the current incidence of the offense in the community and in the Nation as a whole. "(d) The Commission in establishing categories of defendants for use in the guidelines and policy statements governing the imposition of sentences of probation, a fine, or imprisonment, governing the imposition of other authorized sanctions, governing the size of a fine or the length of a term of probation, imprisonment, or supervised release, and governing the conditions of probation, supervised release, or imprisonment, shall consider whether the following matters, among others, with respect to a defendant, have any relevance to the nature, extent, place of service, or other incidents of an appropriate sentence, and shall take them into account only to the extent that they do have relevance— "(Dage; "(2) education; .i "(3) vocational skills; "(4) mental and emotional condition to the extent that such condition mitigates the defendant's culpability or to the extent that such condition is otherwise plainly relevant; "(5) physical condition, including drug dependence; "(6) previous employment record; "(7) family ties and responsibilities; "(8) community ties; "(9) role in the offense; "(10) criminal history; and "(11) degree of dependence upon criminal activity for a livelihood. The Commission shall assure that the guidelines and policy statements are entirely neutral as to the race, sex, national origin, creed, and socioeconomic status of offenders.

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