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.
Application Note:
1. Definition.—For purposes of this policy statement, “official insignia or uniform” has the meaning given that term in 18 U.S.C. § 716(c)(3).