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The Violent Crime and Law Enforcement Act of 1994

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where the defendant's disclosure occurs in connection with the investigation or<br />

prosecution <strong>of</strong> the defendant for related conduct.<br />

Semiautomatic Firearms Capable <strong>of</strong> Accepting Large Capacity<br />

Magazines (§5K2.17)<br />

If the defendant possessed a semiautomatic firearm capable <strong>of</strong> accepting a large<br />

capacity magazine in connection with a crime <strong>of</strong> violence or controlled substance<br />

<strong>of</strong>fense, an upward departure may be warranted. A semiautomatic firearm capable <strong>of</strong><br />

accepting a large capacity magazine' means a semiautomatic firearm that has the ability<br />

to fire many rounds without reloading because at the time <strong>of</strong> the <strong>of</strong>fense (A) the firearm<br />

had attached to it a magazine or similar device that could accept more than 15 rounds<br />

<strong>of</strong> ammunition; or (B) a magazine or similar device that could accept more than 15<br />

rounds <strong>of</strong> ammunition was in close proximity to the firearm. <strong>The</strong> extent <strong>of</strong> any increase<br />

should depend upon the degree to which the nature <strong>of</strong> the weapon increased the<br />

likelihood <strong>of</strong> death or injury in the circumstances <strong>of</strong> the particular case.<br />

<br />

<strong>Violent</strong> Street Gangs (§5K2.18)<br />

If the defendant is subject to an enhanced sentence under 18 U.S.C. § 521 (pertaining<br />

to criminal street gangs), an upward departure may be warranted. <strong>The</strong> purpose <strong>of</strong> this<br />

departure provision is to enhance the sentences <strong>of</strong> defendants who participate in<br />

groups, clubs, organizations, or associations that use violence to further their ends. It is<br />

to be noted that there may be cases in which 18 U.S.C. § 521 applies, but no violence is<br />

Page 91 <strong>of</strong> 190

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