2009 FEDERAL SENTENCING GUIDELINES MANUAL

CHAPTER 5 - PART K - DEPARTURES

2.      OTHER GROUNDS FOR DEPARTURE

§5K2.21.    Dismissed and Uncharged Conduct (Policy Statement)

The court may depart upward to reflect the actual seriousness of the offense based on conduct (1) underlying a charge dismissed as part of a plea agreement in the case, or underlying a potential charge not pursued in the case as part of a plea agreement or for any other reason; and (2) that did not enter into the determination of the applicable guideline range.

Historical Note: Effective November 1, 2000 (see Appendix C, amendment 604). Amended effective November 1, 2004 (see Appendix C, amendment 674).