context: As its primary basis for upward departure, the district court relied on USSG SS 5K2.14, which states that "if national secu rity, public health, or safety was significantly endangered, the Court may increase the sentence above the guideline range to reflect the nature and circumstances of the offense." That requires a court to look at the offense committed and the dangerousness of the defendant at the time of the crime, not the future dangerousness of the defendant.
citation_a.signal: see
citation_a.parenthetical: same, for creating a threat to public safety by running a crack house
citation_a.sentence: See, e.g., United States v. Jennings, 83 F.3d 145 (6th Cir.1996) (reviewing upward departure under § 5K2.14 for endangering human life while manufacturing a controlled substance); United States v. McDowell, 902 F.2d 451 (6th Cir.1990) (same, for creating a threat to public safety by running a crack house); but see United States v. Joan, 883 F.2d 491 (6th Cir.1989) (affirming § 5K2.14 upward departure for recidivist defendant whom judge found “would continue to pose a serious threat to the safety of whatever community he is in”).
citation_b.signal: but see
citation_b.parenthetical: affirming SS 5K2.14 upward departure for recidivist defendant whom judge found "would continue to pose a serious threat to the safety of whatever community he is in"
citation_b.sentence: See, e.g., United States v. Jennings, 83 F.3d 145 (6th Cir.1996) (reviewing upward departure under § 5K2.14 for endangering human life while manufacturing a controlled substance); United States v. McDowell, 902 F.2d 451 (6th Cir.1990) (same, for creating a threat to public safety by running a crack house); but see United States v. Joan, 883 F.2d 491 (6th Cir.1989) (affirming § 5K2.14 upward departure for recidivist defendant whom judge found “would continue to pose a serious threat to the safety of whatever community he is in”).