Appendix B - Selected Sentencing Statutes

"(3) so that the increase provided by section 2A4.1(b)(5) is 6 levels instead of 3.".

Congressional Amendments Regarding Downward Departures. Pub. L. 108–21, Title IV, § 401(b), Apr. 30, 2003, 117 Stat. 668, provided that:

"(b) Conforming Amendments to Guidelines Manual.—The Federal Sentencing Guidelines are amended—

"(1) in section 5K2.0—

"(A) by striking ‘Under’ and inserting the following: ‘(a) DOWNWARD DEPARTURES IN CRIMINAL CASES OTHER THAN CHILD CRIMES AND SEXUAL OFFENSES- Under’; and

(B) by adding at the end the following: ‘(b) DOWNWARD DEPARTURES IN CHILD CRIMES AND SEXUAL OFFENSES- Under 18 U.S.C. Sec. 3553(b)(2), the sentencing court may impose a sentence below the range established by the applicable guidelines only if the court finds that there exists a mitigating circumstance of a kind, or to a degree, that—

‘(1) has been affirmatively and specifically identified as a permissible ground of downward departure in the sentencing guidelines or policy statements issued under section 994(a) of title 28, United States Code, taking account of any amendments to such sentencing guidelines or policy statements by act of Congress;

‘(2) has not adequately been taken into consideration by the Sentencing Commission in formulating the guidelines; and

‘(3) should result in a sentence different from that described.

‘The grounds enumerated in this Part K of chapter 5 are the sole grounds that have been affirmatively and specifically identified as a permissible ground of downward departure in these sentencing guidelines and policy statements. Thus, notwithstanding any other reference to authority to depart downward elsewhere in this Sentencing Manual, a ground of downward departure has not been affirmatively and specifically identified as a permissible ground of downward departure within the meaning of section 3553(b)(2) unless it is expressly enumerated in this Part K as a ground upon which a downward departure may be granted.’.

"(2) At the end of part K of chapter 5, add the following:

‘Sec. 5K2.22 Specific Offender Characteristics as Grounds for Downward Departure in child crimes and sexual offenses (Policy Statement—

‘In sentencing a defendant convicted of an offense under section 1201 involving a minor victim, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code, age may be a reason to impose a sentence below the applicable guideline range only if and to the extent permitted by Sec. 5H1.1.

‘An extraordinary physical impairment may be a reason to impose a sentence below the applicable guideline range only if and to the extent permitted by Sec. 5H1.4. Drug, alcohol, or gambling dependence or abuse is not a reason for imposing a sentence below the guidelines.’

"(3) Section 5K2.20 is amended by striking ‘A’ and inserting ‘Except where a defendant is convicted of an offense under section 1201 involving a minor victim, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code, a’.

"(4) Section 5H1.6 is amended by inserting after the first sentence the following: ‘In sentencing a defendant convicted of an offense under section 1201 involving a minor victim, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117 of title 18, United States Code, family ties and

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Last reviewed October 2024