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CHAPTER FIVE - DETERMINING THE SENTENCE
§5K2.21. DISMISSED AND UNCHARGED CONDUCT (POLICY STATEMENT)

The court may depart upward to reflect the actual seriousness of the offense based on conduct (1) underlying a charge dismissed as part of a plea agreement in the case, or underlying a potential charge not pursued in the case as part of a plea agreement or for any other reason; and (2) that did not enter into the determination of the applicable guideline range.

Historical NoteEffective November 1, 2000 (amendment 604). Amended effective November 1, 2004 (amendment 674).