Upward departure definition

Upward departure means departure that effects a sentence greater than a sentence that could be imposed under the applicable guideline range or a sentence that is otherwise greater than the guideline sentence. "Depart upward" means grant an upward departure.
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Upward departure means departure that effects a sentence greater than the sentence recommended by the applicable guideline range. "Depart upward" means grant an upward departure.
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Upward departure means departure that effects a sentence greater than a sentence that could be imposed under the applicable guideline range or a sentence that is otherwise greater than the guideline sentence. “Depart upward” means grant an upward departure.(FG) “Destructive device” means any article described in 26 U.S.C. § 5845(f) (including an explosive, incendiary, or poison gas — (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses). (GH) “Firearm” means (i) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) the frame or receiver of any such weapon; (iii) any firearm muffler or silencer; or (iv) any destructive device. A weapon, commonly known as a “BB” or pellet gun, that uses air or carbon dioxide pressure to expel a projectile is a dangerous weapon but not a firearm. (HI) “Offense” means the offense of conviction and all relevant conduct under §1B1.3 (Relevant Conduct) unless a different meaning is specified or is otherwise clear from the context. The term “instant” is used in connection with “offense,” “federal offense,” or “offense of conviction,” as the case may be, to distinguish the violation for which the defendant is being sentenced from a prior or subsequent offense, or from an offense before another court (e.g., an offense before a state court involving the same underlying conduct). (IJ) “Otherwise used” with reference to a dangerous weapon (including a firearm) means that the conduct did not amount to the discharge of a firearm but was more than brandishing, displaying, or possessing a firearm or other dangerous weapon. (JK) “Permanent or life-threatening bodily injury” means injury involving a substantial risk of death; loss or substantial impairment of the function of a bodily member, organ, or mental faculty that is likely to be permanent; or an obvious disfigurement that is likely to be permanent. In the case of a kidnapping, for example, maltreatment to a life-threatening degree (e.g., by denial of food or medical care) would constitute life-threatening bodily injury. (KL) “Physically restrained” means the forcible restraint of the victim such as by being tied, bound, or locked up. (LM) “Serious bodily injury” means injury involving extreme ph...
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Examples of Upward departure in a sentence

  • Upward departure recommendations on pre-sentence investigations should, by policy, require review by a supervisor.

  • Upward departure is invited where the offense “caused or risked substantial non-monetary harm,” such as “a substantial invasion of privacy,” USSG § 2B1.1 comment.

  • Upward departure determinations closely resemble the traditional role of judges in sentencing .................................................................

  • Supporting Facts: Upward departure to a higher guideline category and respondents [sic] decision not to correct error violates the decision of the Supreme Court of Ohio in Layne v.

  • Descriptive Characteristics for Involuntary Manslaughter by Number of Deaths * Upward departure (5K2.1, 5K2.2, respectively).t n=66; excludes 21 persons with probation, 5 with 924(c), and 8 with multiple deaths.

  • Upward departure determinations are fund- amentally different from the factual findingsat issue in Ring ........................................................


More Definitions of Upward departure

Upward departure means departure that effects a sentence greater
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Upward departure means departure
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Related to Upward departure

  • Hazard quotient means the ratio of the level of exposure of a chemical of concern over a specified time period to a reference dose for that chemical of concern derived for a similar exposure period. Unless otherwise specified, the hazard quotient designated in these rules is one.

  • Van Xxxxxx Xxxrican Capital Tax Free High Income Fund ("Tax Free High Income Fund") Van Xxxxxx Xxxrican Capital California Insured Tax Free Fund ("California Insured Tax Free Fund") Van Xxxxxx Xxxrican Capital Municipal Income Fund ("Municipal Income Fund") Van Xxxxxx Xxxrican Capital Intermediate Term Municipal Income Fund (Intermediate Term Municipal Income Fund") Van Xxxxxx Xxxrican Capital Florida Insured Tax Free Income Fund ("Florida Insured Tax Free Income Fund") Van Xxxxxx Xxxrican Capital New Jersey Tax Free Income Fund ("New Jersey Tax Free Income Fund") Van Xxxxxx Xxxrican Capital New York Tax Free Income Fund ("New York Tax Free Income Fund") Van Xxxxxx Xxxrican Capital California Tax Free Income Fund ("California Tax Free Income Fund") Van Xxxxxx Xxxrican Capital Michigan Tax Free Income Fund ("Michigan Tax Free Income Fund") Van Xxxxxx Xxxrican Capital Missouri Tax Free Income Fund ("Missouri Tax Free Income Fund") Van Xxxxxx Xxxrican Capital Ohio Tax Free Income Fund ("Ohio Tax Free Income Fund")

  • Xxxxx’x Rating means, at any time, the rating issued by Xxxxx’x and then in effect with respect to the Borrower’s senior unsecured long-term debt securities without third-party credit enhancement.

  • Union Xxxxxxx means an Employee in the bargaining unit who is elected or appointed by the Employees in the bargaining unit to act on behalf of those Employees;

  • Mxxxx’x Rating means, with respect to a Reference Obligation, as of any date of determination:

  • Xxx Xxxxxx Xxxxxx Xxxxxxx” ”Xxxxx Xxxxxxx”

  • Xxxxxxx Xxxxxxx Policy means the written policy of the Company pertaining to the sale, transfer or other disposition of the Company’s equity securities by members of the Board, officers or other employees who may possess material, non-public information regarding the Company, as in effect at the time of a disposition of any Stock.

  • Xxx Xxxxx Per: (signed) “Xxxxxxxxxxx X. Xxxxxxx” Xx. Xxx Xxxxx Xxxxxxxxxxx X. Xxxxxxx Chairman and Chief Executive Officer President and Chief Executive Officer of Vasogen Inc. Xxxxxx and accepted as of the 17th day of August, 2009. SIGNED, SEALED AND DELIVERED ) in the presence of: )

  • Aa3 by Moody's or are rated "Aa3" by Moody's and such rating is on watch for possible downgrade (but only for so long as it is on watch for possible downgrade), or (C) either (i) the unsecured, short-term debt obligations of Party A (or its Credit Support Provider) are rated below "A-1" by S&P or (ii) if Party A (or its Credit Support Provider) does not have a short-term rating from S&P, the unsecured, long-term senior debt obligations of Party A (or its Credit Support Provider) are rated below "A+" by S&P (such event, a "Collateralization Event"), then, Party A, at its own cost and subject to the Rating Agency Condition, shall within 30 days either (i) cause another entity to replace Party A as party to this Agreement that satisfies the Swap Counterparty Ratings Requirement and that is approved by the Trustee (which approval shall not be unreasonably withheld) on terms substantially similar to this Agreement; (ii) obtain a guaranty of, or a contingent agreement of another person that satisfies the Swap Counterparty Ratings Requirement, to honor Party A's obligations under this Agreement, provided that such other person is approved by the Trustee such approval not to be unreasonably withheld; (iii) post collateral in accordance with a Credit Support Annex which satisfies the Rating Agency Condition; or (iv) establish any other arrangement satisfactory to the applicable Swap Rating Agency which will be sufficient to restore the immediately prior ratings of the Swap Certificates (determined without regard to any financial guaranty insurance policy, if applicable). All collateral posted by Party A shall be returned to Party A immediately upon Party A securing a substitute counterparty that satisfies the Swap Counterparty Ratings Requirement.

  • Xxxx-Xxxxx-Xxxxxx Act means the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended.

  • Xxx Xxxxxxx “Xxxxx Xxxxxxx” “Xxxxx Xxxxx”

  • Xxxx Xxxxxx “Xxx Xxxxx”

  • X.X. Xxxxxx shall have the meaning set forth in the preamble.

  • Xxxxxx Xxxxx Xxxx Xxxxxx”

  • Xxxxx Xxxxxx Xxxx Xxxxxx”

  • XX Xxxxx “Xxx Xxxxxxx”

  • Xxxx Xxxxx means the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, Pub. L. 111-203 (2010).

  • Xxxx Xxxxxxx Xxxxxx Xxxxx” ”Xxxxxx Xxxxxx” ”Xxxxx Xxxxxxxx”

  • Xxxxx Xxxxx “Xxx Xxxxxx”

  • Xxx Xxxxxxxx “Xxxxx Xxxxxxx”

  • Xxxxxx Xxx The Federal National Mortgage Association or any successor thereto.

  • Xxxxxxx Xxxxx means Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated.

  • Xxxxx Xxxxxxx Xxxxx Xxxxxxxx” ”Xxxxxxxxx Xxxxxxx” ”Xxxxx Xxxxxx”

  • Xxxxxx Xxxxxx “Xxxxx Xxxxxxxx”

  • Xxxxxxxx-Xxxxx Act means the Xxxxxxxx-Xxxxx Act of 2002.

  • Fitch Discount Factor means the discount factors set forth in the Fitch Guidelines for use in calculating the Agency Discounted Value of the Company’s assets in connection with Fitch’s ratings then assigned on the Senior Securities.