Public-domain · open source

D.C. Code § 3-105

Voluntary sentencing guidelines

Applied in 3 court decisions — leading case Gorbey v. United States (2012)

Most recently applied in Gorbey v. United States (September 2012)

Oct. 16, 1998, D.C

(a) The voluntary sentencing guidelines promulgated by the Commission shall not be binding on judges.

(b) Notwithstanding the guidelines, the judge in an individual case may impose any sentence that does not exceed the maximum term prescribed by law and is not otherwise prohibited by the Constitution or laws of the United States or the District of Columbia.

(c) The sentencing guidelines shall not create any legally enforceable rights in any party nor shall they diminish any rights that currently exist.

(d) The Commission shall not implement any changes in the basic structure of the voluntary sentencing guidelines without first informing the Council.

Official source: D.C. Law Library (Council of the District of Columbia). Reproduced from public-domain District of Columbia statutes; confirm against the official source for the current text. Not legal advice.