In U.S. v. Jordi, No. 04-14046 (Aug. 1, 2005), the Court (Dubina, Wilson, Coogler b.d.), on a government appeal, on the sentencing of a defendant convicted of attempted arson of abortion clinics, reversed a district court’s order finding that it had no Guideline authority to depart upward under USSG § 3A1.4, Application Note 4, for a crime involving terrorist acts intending to intimidate or coerce a civilian population.
The Court noted that even post-Booker district courts were still required to consider the Guidelines, and to do so correctly. It therefore reviewed the district court’s interpretation of the Guideline Application Note at issue.
The district court had based its decision on the statutory definition of the federal crime of terrorism, which has as an element "conduct transcending national boudnaries" – conduct which was not present in Jordi’s crime. The Court, however, found consideration of the statutory definition of this offense unnecessary to determining whether the Guidelines encouraged a departure in these circumstances. The Court instead looked to the language of the Guideline Application Note. Under this language, Jordi qualified for an upward departure. The Court therefore remanded the case for resentencing.
