About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2002 Supp. - Apr. United States Sentencing Commission Guidelines Manual 1 (2002)

handle is hein.usfed/ussecog0023 and id is 1 raw text is: AMENDMENTS TO THE SENTENCING GUIDELINES

Pursuant to section 401 (m) of the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003, Pub. L. 108-21, and section 994 of title 28,
United States Code, the United States Sentencing Commission hereby submits to the
Congress the following amendments to the sentencing guidelines and the reasons
therefor. As authorized by such sections, the Commission specifies an effective date of
October 27, 2003, for these amendments.
Amendments to the Sentencing Guidelines,.
Policy Statements, and Official Commentary
PART I:     §5K2.0
I1.   Amendment: Section 5K2.0 is amended to read as follows:
§5K2.0.    Grounds for Departure (Policy Statement)
(a)   UPWARD DEPARTURES IN GENERAL AND DOWNWARD
DEPARTURES IN CRIMINAL CASES OTHER THAN CHILD
CRIMES AND SEXUAL OFFENSES.-
(1)   IN GENERAL.-The sentencing court may depart from the
applicable guideline range if-
(A)   in the case of offenses other than child crimes and
sexual offenses, the court finds, pursuant to 18
U.S.C. § 3553(b)(1), that there exists an aggravating
or mitigating circumstance; or
(B)   in the case of child crimes and sexual offenses, the
court finds, pursuant to 18 U.S.C. §
3553(b)(2)(A)(i), that there exists an aggravating
circumstance,
of a kind, or to a degree, not adequately taken into
consideration by the Sentencing Commission in
formulating the guidelines that, in order to advance the
objectives set forth in 18 U.S.C. § 3553(a)(2), should result
in a sentence different from that described.
(2)   DEPARTURES BASED ON CIRCUMSTANCES OF A
KIND NOT ADEQUATELY TAKEN INTO
CONSIDERATION.-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most