S.S.G Sample Clauses

S.S.G. Notwithstanding anything to the contrary contained herein, SSG is not a party hereto and is not obligated in anyway hereunder. [Balance of page Intentionally Blank Signature page to follow]

S.S.G. The authorized capital stock of SSG consists of 20,000,000 shares of Common Stock and 100,000 shares of preferred stock, par value $.01 per share ("SSG Preferred Stock").

S.S.G. Notwithstanding anything to the contrary contained herein, SSG is not a party hereto and is not obligated in anyway hereunder.

S.S.G. 5E1.2(f). If the defendant requests, and the staff agrees, that the fine may be paid in installments, a paragraph such as Paragraph 8(a) setting forth the recommended installment schedule should also be included. Note that if any fine or restitution greater than $2,500 is not paid in full before the 15th day after the date of judgment, the payment of interest is required pursuant to 18 U.S.C. § 3612(f)(1) unless the defendant does not have the ability to pay interest, in which case, the Division may recommend that interest be waived pursuant to either 18 U.S.C. § 3612(f)(3)(A) or § 3612(h).

S.S.G. 1B1.1(b)(1) and comment. (n.2) (“[T]he last date of the offense of conviction is the controlling date for ex post facto purposes[,]” regardless of whether relevant conduct under U.S.S.G. §1B1.3 occurred at a later date.). In Xxxxx v. United States, 569 U.S. 530 (2013), the Supreme Court held that the Ex Post Facto Clause is violated when a court sentences a defendant under the version of the Sentencing Guidelines in effect at the time of sentencing rather than the version in effect at the time of the offense, and the newer Guidelines provide for a higher sentencing range. (“‘[A] district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range.’ . . . Failure to [do so] constitutes procedural error . . . .” Id. at 536-37 (citation omitted).) Xxxxx does recognize, however, that the sentencing court may “give careful consideration to the current version of the Guidelines as representing the most recent views of the [Sentencing Commission].” Id. at

S.S.G. 5E1.2(f). If the defendant requests, and the staff agrees, that the fine may be paid in installments, the Plea Agreement should also include a paragraph such as Paragraph 9(a) setting forth the recommended installment schedule. If any fine greater than $2,500 is not paid in full before the 15th day after the date of judgment, the payment of interest is required pursuant to 18 U.S.C. § 3612(f)(1) unless the defendant does not have the ability to pay interest, in which case the Division may recommend that some or all of the interest be waived pursuant to imprisonment of [XX months/years];14 [no period of supervised release;]15 [and no order of restitution] OR [and restitution of $XXX pursuant to 18 U.S.C. § [3583(d)/3663(a)(3)/ OR 3663A(c)(1)(A)(ii)]16 [payable in full before the fifteenth (15th) day after the date of judgment] OR [payable in installments as set forth below [with interest accruing under 18 U.S.C. § 3612(f)(1)-(2)] OR [without interest pursuant to 18 U.S.C. § 3612(f)(3)(A) OR § 3612(h)]]] (“the 18 U.S.C. § 3612(f)(3) or § 3612(h). If staff has concerns about the defendant's ability to pay or the preservation of defendant's assets, a guarantee provision may be warranted in the Plea Agreement.