2009 FEDERAL SENTENCING GUIDELINES MANUAL


CHAPTER 5 - PART K - DEPARTURES

§5K2.24. Commission of Offense While Wearing or Displaying Unauthorized or Counterfeit Insignia or Uniform (Policy Statement)

If, during the commission of the offense, the defendant wore or displayed an official, or counterfeit official, insignia or uniform received in violation of 18 U.S.C. § 716, an upward departure may be warranted.

Commentary

Application Note:

1. Definition.–For purposes of this policy statement, “official insignia or uniform” has the meaning given that term in 18 U.S.C. § 716(c)(3).

Historical Note: Effective November 1, 2007 (see Appendix C, amendment 700).

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