Departure

Definition

A sentencing decision that falls outside the recommended guidelines range. A judge may 'depart' upward or downward from the guidelines based on factors not adequately considered by the guidelines themselves. In this case, the practical question is whether post-term conduct changes the guidelines range itself or merely serves as a basis for departure.

Examples

• •Justice Alito noted the narrow practical stakes: whether the court considers departing upward from a lower guidelines range or departing downward from a higher one that includes post-term violations.

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