Violent Street Gangs (Policy Statement)

If the defendant is subject to an enhanced sentence under 18 U.S.C. § 521 (per- taining to criminal street gangs), an upward departure may be warranted. The purpose of this departure provision is to enhance the sentences of defendants who participate in groups, clubs, organizations, or associations that use vio- lence to further their ends. It is to be noted that there may be cases in which 18 U.S.C. § 521 applies, but no violence is established. In such cases, it is ex- pected that the guidelines will account adequately for the conduct and, conse- quently, this departure provision would not apply. Historical Note Effective November 1, 1995 (amendment 532). §5K2.19. [Deleted] Historical Note Section 5K2.19 (Post-Sentencing Rehabilitative Efforts) (Policy Statement), effective November 1, 2000 (amendment 602), was deleted effective November 1, 2012 (amendment 768). Guidelines Manual (November 1, 2024) ║ 493 §5K2.20