Does Section 5K2.6 of the Criminal Code allow the defense to leave the scene of the crime where the accused used a weapon during the crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Dry, 962 F.2d 15 (9th Cir. 1992):
The defense argues that this section is not available in kidnapping offenses since use of a weapon is a specific offense characteristic of the crime. However, in United States v. Carpenter, 914 F.2d 1131 (9th Cir.1990), this court held that a specific offense characteristic for "use of a weapon" did not bar a smaller departure under 5K2.6 for possession of a weapon during the offense.
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