Deleted departure provisions of §2B5.3. Criminal Infringement of Copyright or Trademark

Former §2B5.3, comment. (n.5) (Departure relating to offense level substantially understating or overstating seriousness of offense): If the offense level determined under this guideline substantially understates or overstates the seriousness of the offense, a departure may be warranted. The following is a non-exhaustive list of factors that the court may consider in determining whether a departure may be warranted: (A) The offense involved substantial harm to the reputation of the copyright or trademark owner. (B) The offense was committed in connection with, or in furtherance of, the criminal activities of a national, or international, organized criminal enterprise. (C) The method used to calculate the infringement amount is based upon a formula or extrapolation that results in an estimated amount that may substantially exceed the actual pecuniary harm to the copyright or trademark owner. (D) The offense resulted in death or serious bodily injury. PART C ― OFFENSES INVOLVING PUBLIC OFFICIALS AND VIOLATIONS OF FEDERAL ELECTION CAMPAIGN LAWS