New Sentencing Guideline Amendments effective Nov. 1, 2008:
The only good news in the amendments is a suggestion in USSG § 2L1.2 that a downward departure may be appropriate when a defendant receives a 16-level enhancement but the conviction is not an aggravated felony. Otherwise, under § 2L1.2: an upward departure is suggested when the drug trafficking guideline does not apply but the controlled substance quantity is inconsistent with personal use; drug trafficking now includes "an offer to sell"; "forcible sex offense" includes assented-to conduct when consent is invalid.
In the introductory section, the new guidelines acknowledge Booker but stress how important the guidelines still are.
Pursuant to the Court Security Improvement Act, offenses involving 2 or more false liens or encumbrances are added to the two level enhancements for making threats. § 2A6.1(b)(2). And the guideline encourages upward departure for significant numbers of threats and false encumbrances.
Michael Vick amendments add animal fighting to the gambling guideline, § 2E3.1, with an alternative base offense level of 10 for animal fighting and upward departure encouragement for extraordinary cruelty.
An 8 level increase is provided for eavesdropping or unauthorized disclosure of confidential material when the offense involves certain protected people and a 2 level increase if a computer is involved. § 2H3.1.
And the Commission added extra punishment for Food, Drug and Cosmetics Act violators for a prior FDCA conviction and risks of bodily injury.
In the introductory section, the new guidelines acknowledge Booker but stress how important the guidelines still are.
Pursuant to the Court Security Improvement Act, offenses involving 2 or more false liens or encumbrances are added to the two level enhancements for making threats. § 2A6.1(b)(2). And the guideline encourages upward departure for significant numbers of threats and false encumbrances.
Michael Vick amendments add animal fighting to the gambling guideline, § 2E3.1, with an alternative base offense level of 10 for animal fighting and upward departure encouragement for extraordinary cruelty.
An 8 level increase is provided for eavesdropping or unauthorized disclosure of confidential material when the offense involves certain protected people and a 2 level increase if a computer is involved. § 2H3.1.
And the Commission added extra punishment for Food, Drug and Cosmetics Act violators for a prior FDCA conviction and risks of bodily injury.
posted by Anonymous at 1:51 PM
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