Deleted departure provisions of §2E1.1. Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations

Former §2E1.1, comment. (n.4) (Departure for cases of “pattern of racketeering activity” based on anomalous result of treating conduct relating to conviction prior to last overt act of instant offense as criminal history): Certain conduct may be charged in the count of conviction as part of a “pattern of racketeering activity” even though the defendant has previously been sentenced for that conduct. Where such previously imposed sentence resulted from a conviction prior to the last overt act of the instant offense, treat as a prior sentence under §4A1.2(a)(1) and not as part of the instant offense. This treatment is designed to produce a result consistent with the distinction between the instant offense and criminal history found throughout the guidelines. If this treatment produces an anomalous result in a particular case, a guideline departure may be warranted. USSG §2D2.3(b) (Nov. 2024) provided: “If the defendant is convicted of a single count involving the death or serious bodily injury of more than one person, apply Chapter Three, Part D (Multiple Counts) as if the defendant had been convicted of a separate count for each such victim.” 3. GAMBLING