USSG App. B, Pt. III (§5K2.21)
Deleted departure provisions of §5K2.21. Dismissed and Uncharged Conduct (Policy Statement) [Deleted]
Cite as U.S.S.G. App. B, Pt. III (§5K2.21)
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.