Does the Minnesota sentencing guidelines enhancement factor particular cruelty in relying on emotional harm to third parties instead of conduct exacted on the victim by the accused, trigger a miscarriage of justice through a prejudicially fatal variance?

QUESTIONS PRESENTED 1. DOES THE MINNESOTA SENTENCING GUIDELINES ENHANCEMENT FACTOR PARTICULAR CRUELTY IN RELYING ON EMOTIONAL HARM TO THIRD PARTIES INSTEAD OF CONDUCT EXACTED ON THE VICTIM BY THE ACCUSED, TRIGGER A MISCARRIAGE OF JUSTICE THROUGH A PREJUDICIALLY FATAL VARIANCE? Hicks: 201228