Flashcards in Federal - Departure and Variance Deck (3)
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1
When is an upward departure warranted?
If "reliable information indicates that the criminal history category substantially under-represents the seriousness of the defendant's criminal history or the likelihood that the D will commit other crimes"
2
When is a downward departure warranted?
If "reliable information indicates that the criminal history category substantially over-represents the seriousness of the D criminal history or the likelihood that the D will commit other crimes."
3