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Effective November 1, Amended effective November 1, see Appendix C, amendment Subsection a applies to offenses that are hate crimes. Note that special evidentiary requirements govern the application of this subsection. Do not apply subsection a on the basis of gender in the case of a sexual offense.
In such cases, this factor is taken into account by the offense level of the Chapter Two offense guideline. Subsection b applies to offenses involving an unusually vulnerable victim in which the defendant knows or should have known of the victim's unusual vulnerability.
The adjustment would apply, for example, in a fraud case in which the defendant marketed an ineffective cancer cure or in a robbery in which the defendant selected a handicapped victim. But it would not apply in a case in which the defendant sold fraudulent securities by mail to the general public and one of the victims happened to be senile.
Similarly, for example, a bank teller is not an unusually vulnerable victim solely by virtue of the teller's position in a bank. Do not apply subsection b if the factor that makes the person a vulnerable victim is incorporated in the offense guideline.
For example, if the offense guideline provides an enhancement for the age of the victim, this subsection would not be applied unless the victim was unusually vulnerable for reasons unrelated to age. The adjustments from subsections a and b are to be applied cumulatively.
Do not, however, apply subsection b in a case in which subsection a applies unless a victim of the offense was unusually vulnerable for reasons unrelated to race, color, religion, national origin, ethnicity, gender, gender identity, disability, or sexual orientation.
If an enhancement from subsection b applies and the defendant's criminal history includes a prior sentence for an offense that involved the selection of a vulnerable victim, an upward departure may be warranted.
For purposes of this guideline, "gender identity" means actual or perceived gender-related characteristics. Subsection a reflects the directive to the Commission, contained in Section of the Violent Crime Control and Law Enforcement Act ofto provide an enhancement of not less than three levels for an offense when the finder of fact at trial determines beyond a reasonable doubt that the defendant had a hate crime motivation.
To avoid unwarranted sentencing disparity based on the method of conviction, the Commission has broadened the application of this enhancement to include offenses that, in the case of a plea of guilty or nolo contendere, the court at sentencing determines are hate crimes.
In section a of Public Law —84, Congress broadened the scope of that directive to include gender identity; to reflect that congressional action, the Commission has broadened the scope of this enhancement to include gender identity. Subsection b 2 implements, in a broader form, the instruction to the Commission in section 6 c 3 of Public Law Official Victim Apply the greatest: Applicability to Certain Victims.
This guideline does not apply when the only victim is an organization, agency, or the government. Application of Subsections a and b. This adjustment would not apply, for example, where both the defendant and victim were employed by the same government agency and the offense was motivated by a personal dispute.
Application of Subsection c. While subsection c may apply in connection with a variety of offenses that are not by nature targeted against official victims, its applicability is limited to assaultive conduct against such official victims that is sufficiently serious to create at least a "substantial risk of serious bodily injury".
For example, a defendant is in the custody or control of a prison or other correctional facility if the defendant i is on a work detail outside the security perimeter of the prison or correctional facility; ii is physically away from the prison or correctional facility while on a pass or furlough; or iii is in custody at a community corrections center, community treatment center, "halfway house", or similar facility.
The defendant also shall be deemed to be in the custody or control of a prison or other correctional facility while the defendant is in the status of having escaped from that prison or correctional facility. For example, this enhancement would be applicable to any of the following: Restraint of Victim If a victim was physically restrained in the course of the offense, increase by 2 levels.
Do not apply this adjustment where the offense guideline specifically incorporates this factor, or where the unlawful restraint of a victim is an element of the offense itself e.
If the restraint was sufficiently egregious, an upward departure may be warranted. Harboring, Concealing, and Obstruction Offenses.
Computation of Criminal History Category.
However, there may be cases in which A the offense was calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct but the offense involved, or was intended to promote, an offense other than one of the offenses specifically enumerated in 18 U.
In such cases an upward departure would be warranted, except that the sentence resulting from such a departure may not exceed the top of the guideline range that would have resulted if the adjustment under this guideline had been applied. Effective November 1, see Appendix C, amendment Serious Human Rights Offense If the defendant was convicted of a serious human rights offense, increase the offense level as follows:The Evidence on U.S.
Investments in Foreign Aid of Federal Spending () International Assistance Programs as a Percentage Source: Center for Global Development Foreign aid is in America’s economic interest Businesses that export goods provide one in every five American jobs Already.
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FACT SHEET: U.S.-China Economic Relations The United States and China recognize their shared interest in promoting a strong and open global economy, inclusive growth and sustainable development, and a stable international financial system, supported by the multilateral economic institutions founded at the end of World War II that have .
Governments in various countries, irrespective of the country׳s level of economic growth, seek to initiate macroeconomic policies towards achieving better economic performance in order to advance level of business activities and ultimately, ensure better quality of life for the people.
12 November Finance to poor countries from abroad is declining, despite a promise by the international community three years ago to increase development finance flows, in particular through private investment, according to a new OECD outlook on development financing.
Foreign source income. If you are a U.S. citizen with investment income from sources outside the United States (foreign income), you must report that income on your tax return unless it is exempt by U.S. law.