Examples of Pattern of Activity in a sentence
If the defendant engaged in the sexual abuse or exploitation of a minor at any time (whether or not it occurred during the course of the offense or resulted in a conviction), and subsection (b)(5) (Pattern of Activity Involving the Sexual Abuse or Exploitation of a Minor) does not apply, an upward departure may be warranted.
Pattern of Activity Enhancement.— ‘Pattern of activity involving the sexual abuse or exploitation of a minor’ means any combination of two or more separate instances of the sexual abuse or sexual exploitation of a minor by the defendant, whether or not the abuse or exploitation (A) occurred during the course of the offense; (B) involved the same or different victims; or (C) resulted in a conviction for such conduct.
PeriRx’s Pattern of Activity in this Case Should Be Dissuaded 25IV.
Pattern of Activity Involving Prohibited Sexual Conduct Subsection 4B1.5(b) applies in any case in which the defendant’s instant offense of conviction is a covered sex crime, neither §4B1.1 (Career Offender) nor subsection 4B1.5(a) apply, and the defendant engaged in a pattern of activity involving prohibited sexual conduct.
Pattern of Activity Enhancement and Grouping The district court also applied a five-level enhancement under U.S.S.G. § 4B1.5(b)(1) because Mr. Jackson engaged in a pattern of illegal sexual conduct.
In order to apply +5 for Pattern of Activity – we need 2 or more instances.
Predicate Offenses and Any Pattern of Activity They Show Are “Particular Events” That Must Be Proved by Independently Admissible Nonhearsay or Hearsay Excepted EvidenceTo establish that defendants’ gang or its members engaged in a “pattern ofcriminal gang activity,” the prosecution was required to prove that Lower Bottoms gang members had committed at least two predicate offenses.
Even though we are taking a prior state conviction into account under (b)(5) – Pattern of Activity ‐ for Federal Count 2 – it is NOT EXCLUDED from consideration for criminal history points.