Deleted departure provisions of §2M5.1. Evasion of Export Controls; Financial Transactions with Countries Supporting International Terrorism

Former §2M5.1, comment. (n.3(A)) (Departure based on certain factors present in an extreme form): In determining the sentence within the applicable guideline range, the court may consider the degree to which the violation threatened a security interest of the United States, the volume of commerce involved, the extent of planning or sophistication, and whether there were multiple occurrences. Where such factors are present in an extreme form, a departure from the guidelines may be warranted. See Chapter Five, Part K (Departures). Former §2M5.1, comment. (n.3(B)) (Upward departure based on violation during time of war or armed conflict): In the case of a violation during time of war or armed conflict, an upward departure may be warranted. USSG §2M4.1(b)(1) (Nov. 2024) provided: “If the offense occurred at a time when persons were being inducted for compulsory military service, increase by 6 levels.”