Billy Jacobson, a former federal prosecutor now at Jacobson Lopez in Washington, DC, said the continued usage of the phrase โ€œaggravating circumstancesโ€ in the guidance gives the DOJ latitude to interpret cases as it sees fit. โ€œItโ€™s hard to say with definitiveness when there will be a declination and when there wonโ€™t be,โ€ using that language, said Jacobson, who believes the new guidance still improves on past iterations.
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