This section covers extreme conduct by the defendant in the commission of a crime.

2010 FEDERAL SENTENCING GUIDELINES MANUAL

CHAPTER FIVE – DETERMINING THE SENTENCE

PART K – DEPARTURES

2. OTHER GROUNDS FOR DEPARTURE

§5K2.8. Extreme Conduct (Policy Statement)

If the defendant’s conduct was unusually heinous, cruel, brutal, or degrading to the victim, the court may increase the sentence above the guideline range to reflect the nature of the conduct. Examples of extreme conduct include torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation.

Historical Note: Effective November 1, 1987.

§5K2.9. Criminal Purpose (Policy Statement)

If the defendant committed the offense in order to facilitate or conceal the commission of another offense, the court may increase the sentence above the guideline range to reflect the actual seriousness of the defendant’s conduct.

Historical Note: Effective November 1, 1987.

(EFFECTIVE November 1, 2010)

United States Sentencing Commission