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9-34.000 - Preparation Of Reports On Convicted Prisoners For The Parole Commission

All United States Attorneys, Assistant United States Attorneys, and Criminal Division Attorneys are required to prepare a Form 792 "Report on Convicted Prisoners by United States Attorney" in all cases in which a defendant has been sentenced to a prison term in excess of one year for an offense committed prior to November 1, 1987. Defendants who commit offenses on or after that date are to be sentenced pursuant to the sentencing guidelines promulgated by the United States Sentencing Commission and are not eligible for parole.

As soon as the defendant has been sentenced, the completed Form 792 should be submitted to the Chief Executive Officer of the institution to which the defendant will be committed. The Parole Commission should be fully informed of aggravating and mitigating factors surrounding each offense.

All prosecuting attorneys should take into consideration the Parole Commission's guidelines (contained in 28 C.F.R. § 2.20), both in plea negotiations and in completing the Form 792. See the Criminal Resource Manual at 729 instructions regarding completion of the form, and 730 for the form itself.

Updated December 7, 2018