In sentencing a defendant convicted of an offense involving a minor victim under section 1201, an offense under section 1591, or an offense under chapter 71, 109A, 110, or 117, of title 18, United States Code:
(1) Age may be a reason to impose a sentence below the applicable guideline range only if and to the extent permitted by §5H1.1.
(2) An extraordinary physical impairment may be a reason to impose a sentence below the applicable guideline range only if and to the extent permitted by §5H1.4.
(3) Drug, alcohol, or gambling dependence or abuse is not a reason for imposing a sentence below the guidelines.
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.