<Dd> Prior to October 2010: </Dd> <Dd> <P> (p) ost - sentencing rehabilitative efforts, even if exceptional, undertaken by a defendant after imposition of a term of imprisonment for the instant offense (were) not an appropriate basis for a downward departure when resentencing the defendant for that offense . </P> </Dd> <P> (p) ost - sentencing rehabilitative efforts, even if exceptional, undertaken by a defendant after imposition of a term of imprisonment for the instant offense (were) not an appropriate basis for a downward departure when resentencing the defendant for that offense . </P> <Dl> <Dd> <Dl> <Dd> After Pepper v. United States (2011) but before November 1, 2012: </Dd> </Dl> </Dd> <Dd> <P> When a defendant's sentence has been set aside on appeal, a district court at resentencing may consider evidence of the defendant's postsentencing rehabilitation, and such evidence may, in appropriate cases, support a downward variance from the now - advisory Guidelines range . </P> </Dd> </Dl>

When are downward departures allowed in federal sentencing