2005 Federal Sentencing Guidelines
CHAPTER FIVE - PART K - DEPARTURES
2. OTHER GROUNDS FOR DEPARTURE
Historical Note: Effective November 1, 1987. Amended effective November 1, 1990 (see Appendix C, amendment 358).
§5K2.21. Dismissed and Uncharged Conduct (Policy Statement)
The court may depart upward to reflect the actual seriousness of the offense based on conduct (1) underlying a charge dismissed as part of a plea agreement in the case, or underlying a potential charge not pursued in the case as part of a plea agreement or for any other reason; and (2) that did not enter into the determination of the applicable guideline range.