![]() ![]() (ii) The incapacitation of the defendant’s spouse or registered partner when the defendant would be the only available caregiver for the spouse or registered partner. (i) The death or incapacitation of the caregiver of the defendant’s minor child or minor children. The defendant (i) is at least 65 years old (ii) is experiencing a serious deterioration in physical or mental health because of the aging process and (iii) has served at least 10 years or 75 percent of his or her term of imprisonment, whichever is less. That substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and from which he or she is not expected to recover. (III) experiencing deteriorating physical or mental health because of the aging process, (II) suffering from a serious functional or cognitive impairment, or (I) suffering from a serious physical or medical condition, Examples include metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced dementia. , a probability of death within a specific time period) is not required. A specific prognosis of life expectancy ( i.e. , a serious and advanced illness with an end of life trajectory). (i) The defendant is suffering from a terminal illness ( i.e. Provided the defendant meets the requirements of subdivision (2), extraordinary and compelling reasons exist under any of the circumstances set forth below: (iv) As determined by the Director of the Bureau of Prisons, there exists in the defendant’s case an extraordinary and compelling reason other than, or in combination with, the reasons described in subdivisions (i), (ii), and (iii).” īy redesignating Notes 1(B) and 2 as Notes 3 and 5, respectively, and inserting before Note 3 (as so redesignated) the following new Notes 1 and 2: (iii) The death or incapacitation of the defendant’s only family member capable of caring for the defendant’s minor child or minor children. (ii) The defendant is suffering from a permanent physical or medical condition, or is experiencing deteriorating physical or mental health because of the aging process, that substantially diminishes the ability of the defendant to provide self-care within the environment of a correctional facility and for which conventional treatment promises no substantial improvement. ![]() (i) The defendant is suffering from a terminal illness. Provided the defendant meets the requirements of subdivision (2), extraordinary and compelling reasons exist under any of the following circumstances: “(A) Extraordinary and Compelling Reasons. The Commentary to §1B1.13 captioned “Application Notes” is amended in Note 1 by striking the heading as follows: “ Application of Subdivision (1)(A). Penalties for drug offenses may be different from those listed in the chart if the conviction is before that date.Amendment: Section 1B1.13 is amended in the heading by striking “as a Result of Motion by Director of Bureau of Prisons” and inserting “Under 18 U.S.C. The drug offenses in the chart reflect the law as it will be as of November 1, 2009. All references in the right column refer to the New York State Penal Law. Unless otherwise specified, the terms followed by numbers refer to years in prison. There are also separately-defined sentencing statuses for “major traffickers” and other drug offenders. Depending on your criminal history, you may be adjudicated a second felony offender, a second violent felony offender, or a persistent felony offender. The first step in determining what your sentence may be is your sentencing status based on your criminal history (if any). If you have been charged with a crime and are seeking to determine your exposure, you should not rely on this chart in any way, but should instead seek the advice of a New York State licensed attorney. This chart is a gloss on the state of the sentencing law at the time it was made. It is not comprehensive, entirely accurate, or a substitute for the advice of a New York State licensed attorney. ![]() (For more on the Federal Sentencing Guidelines, click here). This chart describes certain prison sentences authorized for those convicted of certain crimes in New York state. ![]()
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