The Violent Crime and Law Enforcement Act of 1994

any other reason; and (2) that did not enter into the determination of the applicable
guideline range.
Specific Offender Characteristics as Grounds for Downward Departure in
Child Crimes and Sexual Offenses (§5K2.22)
In sentencing a defendant convicted of an offense involving a minor victim under section
1201, an offense under section 1591, or an offense under chapter 71, 109A, 110, or
117, of title 18, United States Code:
1. Age may be a reason to depart downward only if and to the extent permitted by
§5H1.1.
2. An extraordinary physical impairment may be a reason to depart downward only
if and to the extent permitted by §5H1.4.
3. Drug, alcohol, or gambling dependence or abuse is not a reason to depart
downward.
Discharged Terms of Imprisonment (§5K2.23)
A downward departure may be appropriate if the defendant (1) has completed serving a
term of imprisonment; and (2) subsection (b) of §5G1.3 (Imposition of a Sentence on a
Defendant Subject to Undischarged Term of Imprisonment) would have provided an
adjustment had that completed term of imprisonment been undischarged at the time of
sentencing for the instant offense. Any such departure should be fashioned to achieve a
reasonable punishment for the instant offense.
Commission of Offense While Wearing or Displaying Unauthorized or
Counterfeit Insignia or Uniform (§5K2.24)
If, during the commission of the offense, the defendant wore or displayed an official,
or counterfeit official, insignia or uniform received in violation of 18 U.S.C. § 716, an
upward departure may be warranted.
Controversies
Among the controversial aspects of the Sentencing Guidelines have been the 100:1
disparity between treatment of crack and cocaine (which has been amended to 18:1 by
the Fair Sentencing Act of 2010) and the immigration guidelines which call for hefty
enhancements for illegal re-entrants with prior felony records, despite the prior offenses
already being taken into account via the Criminal History Category. Heavy penalties
for child pornography offenders have also come under fire. Many judges are refusing to
apply the Guidelines in these cases.
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