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10 sample questions
Sentencing Guidelines MCQ Practice Test
Punishment determination factors
Q1. After United States v. Booker (2005), what must a U.S. federal district court do when imposing a sentence outside the advisory guideline range?
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A. Consider the §3553(a) sentencing factors and explain the reasons for the variance on the record ✓
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B. Obtain jury approval before any variance
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C. Impose the statutory maximum in place of the guideline range
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D. Refer the case back to the Sentencing Commission for resentencing
Explanation: Booker made the guidelines advisory: courts still calculate the guideline range correctly, then impose a sentence guided by the §3553(a) factors (nature of the offense, history and characteristics, purposes of sentencing). An outside-range sentence is a 'variance' that must be reasonably explained and is reviewed on appeal for reasonableness.
Q2. Under California's "Three Strikes" law, what sentence does a defendant face upon conviction of a third qualifying serious or violent felony?
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A. An indeterminate term of 25 years to life ✓
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B. The court shall impose a determinate term of 3, 4, or 5 years.
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C. The court shall impose an indeterminate term of 20, 30, or 40 years to life.
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D. The court shall impose a determinate term of 2, 3, or 4 years.
Explanation: Under Penal Code sections 667(e)(2) and 1170.12, a third-strike conviction for a serious or violent felony carries an indeterminate sentence of 25 years to life. A second strike instead doubles the determinate base term, with additional 5-year enhancements under section 667(a) for prior serious felonies. Proposition 36 (2012) narrowed third strikes to serious or violent felonies. The originally keyed "20, 30, or 40 years to life" matches no California scheme.
Q3. Since the U.S. Supreme Court's decision in United States v. Booker (2005), the federal sentencing guidelines are ____.
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A. advisory rather than mandatory ✓
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B. strictly mandatory in all cases
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C. held unconstitutional entirely
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D. applicable only to misdemeanors
Explanation: Booker made the federal sentencing guidelines advisory: courts must consult them and explain departures, but the ranges are no longer binding.
Q4. Under the U.S. Armed Career Criminal Act (ACCA), a defendant with three prior violent-felony convictions who illegally possesses a firearm faces a minimum sentence of ____.
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A. 15 years ✓
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B. 10 years
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C. 18 months
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D. 2 years
Explanation: 18 U.S.C. § 924(e) (ACCA) sets a 15-year mandatory minimum for firearm possession after three prior violent-felony or serious-drug-offense convictions. The original's "18-month misdemeanor enhancement" was fabricated.
Q5. Under U.S. federal law, most inmates may earn good-conduct-time credit of up to about 54 days per year served, meaning a defendant must serve roughly 85% of a prison term. On a 120-month (10-year) federal sentence, about when is the earliest possible release?
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A. After about 102 months ✓
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B. After about 96 months
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C. After 60 months
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D. Only after the full 120 months
Explanation: 18 U.S.C. § 3624(b) caps good-time credit at 54 days per year — roughly 15% — so a 120-month sentence means about 102 months (8.5 years) served before release. Federal parole was abolished for offenses after 1987; release comes through good-time credit and supervised release. The old stem's state 'parole' arithmetic (keyed 2.5 years) was incoherent.
Q6. In a state with a sentencing guidelines system, a defendant is convicted of a Class B felony. The guidelines recommend a prison sentence of 10-15 years. However, the defendant has no prior convictions and is a first-time offender. Which of the following would be the most likely outcome?
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A. The court would impose a sentence within the recommended range. ✓
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B. The court would impose a sentence below the recommended range due to the defendant's lack of prior convictions.
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C. The court would impose a sentence above the recommended range due to the seriousness of the offense.
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D. The court would be required to impose the maximum sentence possible under the guidelines.
Explanation: In a sentencing guidelines system, the court is required to impose a sentence within the recommended range unless there are aggravating or mitigating circumstances. Since the defendant is a first-time offender, there are no aggravating circumstances that would justify a sentence outside the recommended range.
Q7. In U.S. state sentencing-guidelines systems (for example Minnesota's), what may a judge typically do upon finding 'substantial and compelling' aggravating circumstances?
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A. Depart from the presumptive guideline range, stating reasons on the record ✓
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B. Impose the statutory maximum automatically
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C. Empanel a new jury to set the sentence
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D. Double the top of the guideline range by operation of law
Explanation: Guidelines systems make the computed range presumptive but allow departures — upward or downward — for substantial and compelling reasons not already counted in the grid (prior record typically raises the criminal-history score itself). Departures must be articulated and are reviewable on appeal; they do not automatically trigger the maximum or a fixed multiplier.
Q8. A defendant is convicted of armed robbery, and the sentencing guidelines recommend a base sentence of 120 months. However, the defendant has no prior convictions and has shown remorse. Which of the following would be an appropriate downward departure from the recommended sentence?
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A. A downward departure for acceptance of responsibility ✓
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B. An upward departure for use of a weapon
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C. A mandatory enhancement for prior convictions
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D. A credit for time already served in pre-trial detention
Explanation: Acceptance of responsibility is a recognized downward adjustment in guideline systems (e.g. a 2-3 level reduction under the U.S. federal guidelines), and genuine remorse plus a clean record supports it. The other options are either enhancements or do not operate as guideline departures.
Q9. In a state with a sentencing guidelines system, a defendant is convicted of a Class B felony. The guidelines recommend a sentence of 120-180 months for a defendant with a prior conviction. However, the defendant has no prior convictions. Which of the following is the correct approach for the sentencing court?
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A. The court should impose a sentence at the bottom of the guidelines range (120 months) due to the defendant's lack of prior convictions. ✓
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B. The court should impose a sentence at the top of the guidelines range (180 months) due to the defendant's lack of prior convictions.
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C. The court should impose a sentence outside of the guidelines range (e.g., 90 months) due to the defendant's lack of prior convictions.
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D. The court should impose a sentence at the midpoint of the guidelines range (150 months) regardless of the defendant's prior convictions.
Explanation: In a state with a sentencing guidelines system, the court should start at the presumptive sentence and then consider aggravating or mitigating factors. In this case, the defendant's lack of prior convictions is a mitigating factor, so the court should impose a sentence at the bottom of the guidelines range.
Q10. In a state with a sentencing guidelines system, a defendant is convicted of a Class B felony, which carries a maximum sentence of 20 years. The guidelines recommend a sentence of 10-12 years. If the defendant is a first-time offender, which of the following is a likely outcome?
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A. The judge is required to impose a sentence within the recommended range, but can impose a lower sentence if there are mitigating circumstances.
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B. The judge has discretion to impose a sentence outside the recommended range, but must provide written reasons for doing so. ✓
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C. The judge is required to impose the maximum sentence allowed by law, as the guidelines are advisory only.
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D. The judge must impose a sentence of exactly 11 years, as this is the midpoint of the recommended range.
Explanation: In a state with a sentencing guidelines system, judges typically have discretion to impose a sentence outside the recommended range, but must provide written reasons for doing so. This allows judges to take into account unique circumstances of the case, while still providing some guidance and consistency in sentencing.
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