Upward departure definition

Upward departure means departure that effects a sentence greater than a sentence that could be imposed under the applicable guideline range or a sentence that is otherwise greater than the guideline sentence. "Depart upward" means grant an upward departure.

Upward departure means departure that effects a sentence greater than the sentence recommended by the applicable guideline range. "Depart upward" means grant an upward departure.

Upward departure means departure that effects a sentence greater than a sentence that could be imposed under the applicable guideline range or a sentence that is otherwise greater than the guideline sentence. “Depart upward” means grant an upward departure. (FG) “Destructive device” means any article described in 26 U.S.C. § 5845(f) (including an explosive, incendiary, or poison gas — (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses).(GH) “Firearm” means (i) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) the frame or receiver of any such weapon; (iii) any firearm muffler or silencer; or (iv) any destructive device. A weapon, commonly known as a “BB” or pellet gun, that uses air or carbon dioxide pressure to expel a projectile is a dangerous weapon but not a firearm. (HI) “Offense” means the offense of conviction and all relevant conduct under §1B1.3 (Relevant Conduct) unless a different meaning is specified or is otherwise clear from the context. The term “instant” is used in connection with “offense,” “federal offense,” or “offense of conviction,” as the case may be, to distinguish the violation for which the defendant is being sentenced from a prior or subsequent offense, or from an offense before another court (e.g., an offense before a state court involving the same underlying conduct). (IJ) “Otherwise used” with reference to a dangerous weapon (including a firearm) means that the conduct did not amount to the discharge of a firearm but was more than brandishing, displaying, or possessing a firearm or other dangerous weapon. (JK) “Permanent or life-threatening bodily injury” means injury involving a substantial risk of death; loss or substantial impairment of the function of a bodily member, organ, or mental faculty that is likely to be permanent; or an obvious disfigurement that is likely to be permanent. In the case of a kidnapping, for example, maltreatment to a life-threatening degree (e.g., by denial of food or medical care) would constitute life-threatening bodily injury. (KL) “Physically restrained” means the forcible restraint of the victim such as by being tied, bound, or locked up. (LM) “Serious bodily injury” means injury involving extreme ph...

Examples of Upward departure in a sentence

• Upward departure determinations closely resemble the traditional role of judges in sentencing .................................................................

• Upward departure recommendations on pre-sentence investigations should, by policy, require review by a supervisor.

• Upward departure is invited where the offense “caused or risked substantial non-monetary harm,” such as “a substantial invasion of privacy,” USSG § 2B1.1 comment.

• Upward departure determinations are fund- amentally different from the factual findingsat issue in Ring ........................................................

• Descriptive Characteristics for Involuntary Manslaughter by Number of Deaths * Upward departure (5K2.1, 5K2.2, respectively).t n=66; excludes 21 persons with probation, 5 with 924(c), and 8 with multiple deaths.

• Supporting Facts: Upward departure to a higher guideline category and respondents [sic] decision not to correct error violates the decision of the Supreme Court of Ohio in Layne v.

More Definitions of Upward departure

Upward departure means departure that effects a sentence greater

Upward departure means departure