Physical Condition, Including Drug or Alcohol Dependence or Abuse;
United States Sentencing Guidelines Manual
Rule: 5H1.4
Jurisdiction: US
Bluebook Citation: U.S.S.G. 5H1.4
Gambling Addiction (Policy Statement) Physical condition or appearance, including physique, may be relevant in de- termining whether a departure is warranted, if the condition or appearance, individually or in combination with other offender characteristics, is present to an unusual degree and distinguishes the case from the typical cases covered by the guidelines. An extraordinary physical impairment may be a reason to de- part downward; e.g., in the case of a seriously infirm defendant, home detention may be as efficient as, and less costly than, imprisonment. 472 ║ Guidelines Manual (November 1, 2024) §5H1.6 Drug or alcohol dependence or abuse ordinarily is not a reason for a downward departure. Substance abuse is highly correlated to an increased propensity to commit crime. Due to this increased risk, it is highly recommended that a de- fendant who is incarcerated also be sentenced to supervised release with a re- quirement that the defendant participate in an appropriate substance abuse program (see §5D1.3(d)(4)). If participation in a substance abuse program is re- quired, the length of supervised release should take into account the length of time necessary for the probation office to judge the success of the program. In certain cases a downward departure may be appropriate to accomplish a spe- cific treatment purpose. See §5C1.1, Application Note 7. In a case in which a defendant who is a substance abuser is sentenced to pro- bation, it is strongly recommended that the conditions of probation contain a requirement that the defendant participate in an appropriate substance abuse program (see §5B1.3(d)(4)). Addiction to gambling is not a reason for a downward departure. Historical Note Effective November 1, 1987. Amended effective November 1, 1991 (amendment 386); November 1, 1997 (amendment 569); October 27, 2003 (amendment 651); November 1, 2010 (amendment 739); November 1, 2018 (amendment 811).
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