# U.S.S.G. § 5C1.2: Limitation on Applicability of Statutory Minimum Sentences in Certain Cases > Federal · Guidelines · In force URL: https://www.frixlaw.com/law-library/statutes/USSG_S5C1.2 ## Section - **Citation:** U.S.S.G. § 5C1.2 - **Heading:** Limitation on Applicability of Statutory Minimum Sentences in Certain Cases - **Jurisdiction:** Federal - **Kind:** Guidelines - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** U.S. Sentencing Guidelines / Limitation on Applicability of Statutory Minimum Sentences in Certain Cases ## Text (a) Except as provided in subsection (b), in the case of an offense under 21 U.S.C. § 841, § 844, § 846, § 960, or § 963, or 46 U.S.C. § 70503 or § 70506, the court shall impose a sentence in accordance with the applicable guidelines without regard to any statutory minimum sentence, if the court finds that the defendant meets the criteria in 18 U.S.C. § 3553(f)(1)–(5) as follows: (1) the defendant does not have— (A) more than 4 criminal history points, excluding any criminal history points resulting from a 1-point offense, as determined under the sentencing guidelines; (B) a prior 3-point offense, as determined under the sentencing guidelines; and (C) a prior 2-point violent offense, as determined under the sentencing guidelines; (2) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (3) the offense did not result in death or serious bodily injury to any person; (4) the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. § 848; and (5) not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. formation and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement. (b) In the case of a defendant (1) who meets the criteria set forth in subsection (a); and (2) for whom the statutorily required minimum sentence is at least five years, the applicable guideline range shall not be less than 24 to 30 months of imprisonment. Commentary Application Notes: 1. Definitions.— (A) The term “violent offense” means a “crime of violence,” as defined in 18 U.S.C. § 16, that is punishable by imprisonment. (B) “Dangerous weapon” and “firearm,” as used in subsection (a)(2), and “serious bodily injury,” as used in subsection (a)(3), are defined in the Commentary to §1B1.1 (Application Instructions). (C) “Offense,” as used in subsection (a)(2)–(4), and “offense or offenses that were part of the same course of conduct or of a common scheme or plan,” as used in subsection (a)(5), mean the offense of conviction and all relevant conduct. 2. Application of subsection (a)(2).—Consistent with §1B1.3 (Relevant Conduct), the term “defendant,” as used in subsection (a)(2), limits the accountability of the defendant to his own conduct and conduct that he aided or abetted, counseled, commanded, induced, procured, or willfully caused. 3. Application of Subsection (a)(4).— (A) “Organizer, leader, manager, or supervisor of others in the offense”.—The first prong of subsection (a)(4) requires that the defendant was not subject to an adjustment for an aggravating role under §3B1.1 (Aggravating Role). (B) “Engaged in a continuing criminal enterprise”.—“Engaged in a continuing criminal enterprise,” as used in subsection (a)(4), is defined in 21 U.S.C. § 848(c) n (a)(4).— (A) “Organizer, leader, manager, or supervisor of others in the offense”.—The first prong of subsection (a)(4) requires that the defendant was not subject to an adjustment for an aggravating role under §3B1.1 (Aggravating Role). (B) “Engaged in a continuing criminal enterprise”.—“Engaged in a continuing criminal enterprise,” as used in subsection (a)(4), is defined in 21 U.S.C. § 848(c). As a practical matter, it should not be necessary to apply this prong of subsection (a)(4) because (i) this section does not apply to a conviction under 21 U.S.C. § 848, and (ii) any defendant who “engaged in a continuing criminal enterprise” but is convicted of an offense to which this section applies will be an “organizer, leader, manager, or supervisor of others in the offense.” 4. Use of Information Disclosed under Subsection (a).—Information disclosed by a defendant under subsection (a) may not be used to enhance the sentence of the defendant unless the information relates to a violent offense, as defined in Application Note 1(A). 5. Government’s Opportunity to Make Recommendation.—Under 18 U.S.C. § 3553(f), prior to its determination, the court shall afford the government an opportunity to make a recommendation. See also Fed. R. Crim. P. 32(f), (i). 6. Exemption from Otherwise Applicable Statutory Minimum Sentences.—A defendant who meets the criteria under this section is exempt from any otherwise applicable statutory minimum sentence of imprisonment and statutory minimum term of supervised release. Background: This section sets forth the relevant provisions of 18 U.S.C. § 3553(f), as added by section 80001(a) of the Violent Crime Control and Law Enforcement Act of 1994 and subsequently amended, which limit the applicability of statutory minimum sentences in certain cases. Under the authority of section 80001(b) of that Act, the Commission has promulgated application notes to provide guidance in the application of 18 U.S.C. § 3553(f). See also H. Rep. No. 460, 103d Cong., 2d Sess ded by section 80001(a) of the Violent Crime Control and Law Enforcement Act of 1994 and subsequently amended, which limit the applicability of statutory minimum sentences in certain cases. Under the authority of section 80001(b) of that Act, the Commission has promulgated application notes to provide guidance in the application of 18 U.S.C. § 3553(f). See also H. Rep. No. 460, 103d Cong., 2d Sess. 3 (1994) (expressing intent to foster greater coordination between mandatory minimum sentencing and the sentencing guideline system). Historical Note Effective September 23, 1994 (amendment 509). Amended effective November 1, 1995 (amendment 515); November 1, 1996 (amendment 540); November 1, 1997 (amendment 570); November 1, 2001 (amendment 624); October 27, 2003 (amendment 651); November 1, 2004 (amendment 674); November 1, 2009 (amendment 736); November 1, 2023 (amendment 817). PART D ― SUPERVISED RELEASE Introductory Commentary The Sentencing Reform Act of 1984 requires the court to assess a wide range of factors “in determining whether to include a term of supervised release, and, if a term of supervised release is to be included, in determining the length of the term and the conditions of supervised release.” 18 U.S.C. § 3583(c). These determinations aim to make the imposition and scope of supervised release “dependent on the needs of the defendant for supervision.” See S. Rep. No. 225, 98th Cong., 1st Sess. 124 (1983). In conducting such an individualized assessment, the court can “assure that [those] who will need post-release supervision will receive it” while “prevent[ing] probation system resources from being wasted on supervisory services for releasees who do not need them.” Id. at 54; see also Johnson v. United States, 529 U.S. 694, 709 (2000) (“Supervised release departed from the parole system it replaced by giving district courts the freedom to provide postrelease supervision for those, and only those, who needed it . . . will receive it” while “prevent[ing] probation system resources from being wasted on supervisory services for releasees who do not need them.” Id. at 54; see also Johnson v. United States, 529 U.S. 694, 709 (2000) (“Supervised release departed from the parole system it replaced by giving district courts the freedom to provide postrelease supervision for those, and only those, who needed it . . . . Congress aimed, then, to use the district courts’ discretionary judgment to allocate supervision to those releasees who needed it most.”). Supervised release “fulfills rehabilitative ends, distinct from those served by incarceration.” United States v. Johnson, 529 U.S. 53, 59 (2000). Accordingly, a court should consider whether the defendant needs supervision in order to ease transition into the community or to provide further rehabilitation and whether supervision will promote public safety. See 18 U.S.C. §§ 3583(c), 3553(a)(2)(C)); see also S. Rep. No. 225, 98th Cong., 1st Sess. 124 (1983) (indicating that a “primary goal of [a term of supervised release] is to ease the defendant’s transition into the community after the service of a long prison term for a particularly serious offense, or to provide rehabilitation to a defendant who has spent a fairly short period in prison for punishment or other purposes but still needs supervision and training programs after release”). Historical Note Effective November 1, 2025 (amendment 835). ## Nearby sections - [U.S.S.G. § 1A1.1 Commission’s Authority](https://www.frixlaw.com/law-library/statutes/USSG_S1A1.1.md) - [U.S.S.G. § 1B1.1 Application Instructions](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.1.md) - [U.S.S.G. § 1B1.2 Applicable Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.2.md) - [U.S.S.G. § 1B1.3 Relevant Conduct (Factors that Determine the Guideline Range)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.3.md) - [U.S.S.G. § 1B1.4 Information to be Used in Imposing Sentence](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.4.md) - [U.S.S.G. § 1B1.5 Interpretation of References to Other Offense Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.5.md) - [U.S.S.G. § 1B1.6 Structure of the Guidelines](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.6.md) - [U.S.S.G. § 1B1.7 Significance of Commentary](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.7.md) - [U.S.S.G. § 1B1.8 Use of Certain Information](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.8.md) - [U.S.S.G. § 1B1.9 Class B or C Misdemeanors and Infractions](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.9.md) - [U.S.S.G. § 1B1.10 Reduction in Term of Imprisonment as a Result of Amended Guideline Range](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.10.md) - [U.S.S.G. § 1B1.11 Use of Guidelines Manual in Effect on Date of Sentencing (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.11.md) - [U.S.S.G. § 1B1.12 Persons Sentenced Under the Federal Juvenile Delinquency Act (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.12.md) - [U.S.S.G. § 1B1.13 Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)](https://www.frixlaw.com/law-library/statutes/USSG_S1B1.13.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/USSG_S5C1.2. Check the current official text before relying on it. Not legal advice.