§7B1.4. Term of Imprisonment (Policy Statement)
Former §7B1.4, comment. (n.2) (Departure provisions relating to the applicable range of imprisonment in the Revocation Table):
Departure from the applicable range of imprisonment in the Revocation Table may be warranted when the court departed from the applicable range for reasons set forth in §4A1.3 (Departures Based on Inadequacy of Criminal History Category) in originally imposing the sentence that resulted in supervision. Additionally, an upward departure may be warranted when a defendant, subsequent to the federal sentence resulting in supervision, has been sentenced for an offense that is not the basis of the violation proceeding.
Former §7B1.4, comment. (n.3) (Upward departure based on a Grade C violation that is associated with high risk of new felonious conduct):
In the case of a Grade C violation that is associated with a high risk of new felonious conduct (e.g., a defendant, under supervision for conviction of criminal sexual abuse, violates the condition that the defendant not associate with children by loitering near a schoolyard), an upward departure may be warranted.
Former §7B1.4, comment. (n.4) (Upward departure based on original sentence resulting from downward departure or on sentence below the guideline range applicable to underlying conduct as result of a charge reduction):
Where the original sentence was the result of a downward departure (e.g., as a reward for substantial assistance), or a charge reduction that resulted in a sentence below the guideline range applicable to the defendant’s underlying conduct, an upward departure may be warranted.