Part D

    ^[1]     USSG §5D1.1(c) (Nov. 2024) provided: “[t]he court ordinarily should not impose a term of supervised release in a case in which supervised release is not required by statute and the defendant is a deportable alien who likely will be deported after imprisonment.”

    ^[2]    USSG §5D1.1, comment. (n.3) (Nov. 2024) provided:

          Factors to Be Considered.—

(A)  Statutory Factors.—In determining whether to impose a term of supervised release, the court is required by statute to consider, among other factors:

        (i)     the nature and circumstances of the offense and the history and characteristics of the defendant;

(ii)   the need to afford adequate deterrence to criminal conduct, to protect the public from further crimes of the defendant, and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;

(iii)   the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and

(iv)   the need to provide restitution to any victims of the offense.

See 18 U.S.C. § 3583(c).

(B)  Criminal History.—The court should give particular consideration to the defendant’s criminal history (which is one aspect of the “history and characteristics of the defendant” in subparagraph (A)(i), above). In general, the more serious the defendant’s criminal history, the greater the need for supervised release.

(C)  Substance Abuse.—In a case in which a defendant sentenced to imprisonment is an abuser of controlled substances or alcohol, it is highly recommended that a term of supervised release also be imposed. See §5H1.4 (Physical Condition, Including Drug or Alcohol Dependence or Abuse; Gambling Addiction).

(D)  Domestic Violence.—If the defendant is convicted for the first time of a domestic violence crime as defined in 18 U.S.C. § 3561(b), a term of supervised release is required by statute. See 18 U.S.C. § 3583(a). Such a defendant is also required by statute to attend an approved rehabilitation program, if available within a 50-mile radius of the legal residence of the defendant. See 18 U.S.C. § 3583(d); §5D1.3(a)(3). In any other case involving domestic violence or stalking in which the defendant is sentenced to imprisonment, it is highly recommended that a term of supervised release also be imposed.