level ten plus two points for obstruction). (4/30/92 Tr. at 4-6). That group thus has an adjusted offense level of 12. See § 3D1.3, application note 2 (the group receives the offense level of the highest constituent part).
The second and third groups consist of one "offense" each. These are the sexual abuses of Jose L. and Gary O., respectively. Both of these groups have adjusted offense levels of 11. These offense levels are comprised of base level 9 (see § 2A3.3), plus a two-level enhancement for abuse of a position of trust, (see § 3B1.)3.
The last step in the multi-count analysis is to determine the collective offense level for all three groups. This figure is ascertained by using the table provided in § 3D1.4. See §§ 3D1.1(a)93); 3D1.4. Because all three groups have total offense levels within four levels of one another, there are, pursuant to § 3D1.4(a), three separate "units," translating into a three-level upward adjustment above the offense levels of the highest group. Adding the three levels for grouping to the Donald V. group -- which at level 12 is the highest group -- yields an adjusted offense level of 15. When reduced by the two level reduction for acceptance of responsibility, the adjusted offense level equals 13.
As noted earlier, the Court of Appeals approved this Court's imposition of three additional points for the disruption of Manhattan House and the federal corrections system caused by Alter's misconduct as halfway house director. See Opinion at 1331. The addition of those three level results in an adjusted offense level of 16, which corresponds to a guideline range of 21-27 months.
We now turn to the matter of upward departure.
1. "Aggravating Factors" Not Reflected in the Analogous Offenses Used for the Multi-Count Analysis
As noted by the Court of Appeals, to depart under Kim beyond the adjusted offense level of 16 fixed by the preceding multi-count analysis, the Court simply needs to identify aggravating circumstances previously found by this Court but not adequately reflected in the analogous offenses employed by the Court. See Opinion at 1331; United States v. Kim, supra, 896 F.2d at 685; United States v. Baez, 944 F.2d 88, 90 (2d Cir. 1991). The scope of such an additional departure beyond the adjusted offense level need only be reasonable in light of the aggravating factors identified. See United States v. Baez, supra, at 90-91.
We now find, on reconsideration, that the analogous offenses chosen by the Court, although accurately describing certain or partial aspects of Alter's criminal conduct, do not fully capture significant aggravating circumstances previously identified by the Court.
(a) Offenses Relating to Donald V.
The group of "offenses" pertaining to Donald V. -- namely, the bribery conviction and the additional "offense" of supplying contraband to an inmate -- does not take account of significant aggravating aspects of Alter's criminal conduct towards the resident which the Court found in its opinion. The federal offense of bribery accurately captures the fact that federal halfway house director Alter illegally exacted a quid pro quo that related to the business of the halfway house; the federal crime of supplying contraband to an inmate accurately captures the additional fact that Alter provided a prohibited object to a federal inmate. These two offenses do not at all take account, however, of other highly pertinent facts emphasized by the Court in its decision. Nor, predictably, are these aggravating facts taken into account in either the guideline applicable to bribery offense, U.S.S.G. § 2C1.1, or the guideline applicable to the offense of supplying contraband to an inmate, § 2P1.2(a)(3), a guideline which has a base level of six and which applies to controlled substances other than narcotics. These unaccounted-for factors include:
(i) the fact that Donald V. was known to Alter to be a recovering drug user, and that "Alter affirmatively aggravated Donald V.'s drug abuse problem when his duty required him to mitigate it," Alter, supra, 788 F. Supp. at 772.; and that the provision of drugs by Alter to the resident inflicted a "grievous injury" upon Donald V., id. at 772;