Other Grounds for Departure - Departures - Determining the Sentence

(3) Drug, alcohol, or gambling dependence or abuse is not a reason to depart downward.

Commentary

Background: Section 401(b)(2) of Public Law 108–21 directly amended Chapter Five, Part K, to add this policy statement, effective April 30, 2003.

Historical Note:: Effective April 30, 2003 (see Appendix C, amendment 649). Amended effective November 1, 2004 (see Appendix C, amendment 674).

§5K2.23. Discharged Terms of Imprisonment (Policy Statement)

A downward departure may be appropriate if the defendant (1) has completed serving a term of imprisonment; and (2) subsection (b) of §5G1.3 (Imposition of a Sentence on a Defendant Subject to Undischarged Term of Imprisonment) would have provided an adjustment had that completed term of imprisonment been undischarged at the time of sentencing for the instant offense. Any such departure should be fashioned to achieve a reasonable punishment for the instant offense.

Historical Note:: Effective November 1, 2003 (see Appendix C, amendment 660). Amended effective November 1, 2004 (see Appendix C, amendment 674).

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Last reviewed October 2023