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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.-