Deleted departure provisions of §2D1.7. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy

Former §2D1.7, comment. (n.1) (Departure relating to scale of trafficking): The typical case addressed by this guideline involves small-scale trafficking in drug paraphernalia (generally from a retail establishment that also sells items that are not unlawful). In a case involving a large-scale dealer, distributor, or manufacturer, an upward departure may be warranted. Conversely, where the offense was not committed for pecuniary gain (e.g., transportation for the defendant’s personal use), a downward departure may be warranted.