V

Vacate

To make void. For instance, a court of appeals may vacate a sentence and remand back to the district court for resentencing based on some error at the original sentencing.

Vacated Conviction

A conviction that a court has made void. A conviction and any corresponding sentence that have been vacated because of an error of law is not counted in criminal history.

Variance

A sentence outside the applicable guideline range (above or below) for any reason that is not in accordance with the guidelines or policy statements. A variance reflects the judge’s consideration of the factors at 18 U.S.C. § 3553(a).

Victim

An individual or organization harmed by a crime. The guidelines provide adjustments for certain cases involving victims such as official victims (§3A1.2) and vulnerable victims (§3A1.1). The guidelines also provide adjustments for cases involving the restraint of a victim (§3A1.3).

Violation

Conduct that violates any judicial order imposing supervision of a defendant. Violations of probation and supervised release are addressed in Chapter Seven of the Guidelines Manual.

Vulnerable Victim

The guidelines provide an enhancement for cases involving victims who are unusually vulnerable to due age, physical or mental condition or who are otherwise particularly susceptible to the criminal conduct (§3A1.1).