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.
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.
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).
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).
A fraud or theft defendant’s sentencing range can be enhanced depending on the number of victims and the extent of harm to the victims. See §2B1.1(b)(2).
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.
As defined at 18 U.S.C. § 924(e), any crime punishable by imprisonment exceeding one year or a juvenile delinquent act involving the use or carrying of a firearm, knife or destructive device, that has as an element the use, attempted use, or threatened use of physical force against the person of another, or certain enumerated offenses including, burglary, arson, extortion, and felony offenses involving the use of explosives.
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).