Discharged Terms of Imprisonment (Policy Statement)

United States Sentencing Guidelines Manual

Rule: 5K2.23

Jurisdiction: US

Bluebook Citation: U.S.S.G. 5K2.23

A downward departure may be appropriate if the defendant (1) has completed serving a term of imprisonment; and (2) subsection (b) of §5G1.3 (Imposition of a Sentence on a Defendant Subject to Undischarged Term of Imprisonment or Anticipated Term of Imprisonment) would have provided an adjustment had that completed term of imprisonment been undischarged at the time of sentenc- ing for the instant offense. Any such departure should be fashioned to achieve a reasonable punishment for the instant offense. Historical Note Effective November 1, 2003 (amendment 660). Amended effective November 1, 2004 (amendment 674); No- vember 1, 2014 (amendment 787).

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