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New Sentencing Guideline Amendments effective Nov. 1, 2008:

By Shari Allison

The only good news in the amendments is a suggestion in USSG § 2L1.2 that a downward departure may be appropriate when a defendant receives a 16-level enhancement but the conviction is not an aggravated felony. Otherwise, under § 2L1.2: an upward departure is suggested when the drug trafficking guideline does not apply but the controlled substance quantity is inconsistent with personal use; drug trafficking now includes "an offer to sell"; "forcible sex offense" includes assented-to conduct when consent is invalid.In the introductory section, the new guidelines acknowledge Booker but stress how important the guidelines still are.Pursuant to the Court Security Improvement Act, offenses involving 2 or more false liens or encumbrances are added to the two level enhancements for making threats...continue to full post

Full post as published by Tenth Circuit Blog on October 28, 2008 (boomark / email).