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14-Mar-2017 23:26

A downward departure from a mandatory statutory term of life imprisonment is permissible only in cases in which the government files a motion for a downward departure for the defendant's substantial assistance, as provided in 18 U. The extent of the departure should be based upon the defendant's state of mind (, recklessness or negligence), the degree of risk inherent in the conduct, and the nature of the underlying offense conduct. Offenses with this characteristic usually will be encountered as assimilative crimes. "Reckless" means a situation in which the defendant was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. (1) If the offense resulted in the death of a victim, apply §2A1.1 (First Degree Murder).However, departure below the minimum guideline sentence provided for second degree murder in §2A1.2 (Second Degree Murder) is not likely to be appropriate. "Means of transportation" includes a motor vehicle (including an automobile or a boat) and a mass transportation vehicle. "Reckless" includes all, or nearly all, convictions for involuntary manslaughter under 18 U. (2) If the offense resulted in an attempted murder or assault with intent to commit murder, apply §2A2.1 (Assault with Intent to Commit Murder; Attempted Murder).1936 - 1941 Serial number: on a label inside above the film rails in the format "No.nnnnnn" where nnnnnn is between 1089 with no suffix.

The chapter is organized by offenses and divided into parts and related sections that may cover one statute or many.

Each offense has a corresponding base offense level and may have one or more specific offense characteristics that adjust the offense level upward or downward.

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