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The court affirmed the upward departure from sentencing guidelines in a carjacking case. It found that while the defendant did not properly object at the trial level, the departure was justified. The departure was based on the risk of harm to bystanders from gunfire exchanged during the attempted carjacking in a congested area. Though carjacking guidelines consider harm to the victim, they do not address risks to others. The court found sufficient evidence that the circumstances of the crime could have enda

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Scribd Government Docs

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