Criminal Law

Threatening or Harassing Communications, Stalking, and Domestic Violence - Offenses Against the Person

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November 1, 2005GUIDELINES MANUAL§2A6.2

Multiple counts involving different victims are not to be grouped under §3D1.2 (Groups of Closely Related Counts).

5. If the defendant received an enhancement under subsection (b)(1) but that enhancement does not adequately reflect the extent or seriousness of the conduct involved, an upward departure may be warranted. For example, an upward departure may be warranted if the defendant stalked the victim on many occasions over a prolonged period of time.

Historical Note:: Effective November 1, 1997 (see Appendix C, amendment 549). Amended effective November 1, 2001 (see Appendix C, amendment 616).

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