Deleted departure provisions of §4C1.1. Adjustment for Certain Zero-Point Offenders

Former §4C1.1, comment. (n.2) (Upward departure based on adjustment under §4C1.1. substantially underrepresenting the seriousness of the defendant’s criminal history): An upward departure may be warranted if an adjustment under this guideline substantially underrepresents the seriousness of the defendant’s criminal history. For example, an upward departure may be warranted if the defendant has a prior conviction or other comparable judicial disposition for an offense that involved violence or credible threats of violence. CHAPTER FIVE DETERMINING THE SENTENCE PART C ― IMPRISONMENT