Statutes and regulations

Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)

U.S.S.G. § 1B1.13 · Federal · Guidelines

U.S. Sentencing Guidelines › Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A) (Policy Statement)

Interaction with Temporary Release from Custody Under 18 U.S.C. § 3622 (“Furlough”). … would further the purposes of sentencing (18 U.S.C. § 3553(a)(2)), including, among other things, the appropriate use of the sentence modification provisions set forth in 18 U.S.C. § 3582(c).

Obstruction of Justice

U.S.S.G. § 2J1.2 · Federal · Guidelines

U.S. Sentencing Guidelines › Obstruction of Justice

(a) Base Offense Level: 14 (b) Specific Offense Characteristics (1) (Apply the greatest): (A) If the (i) defendant was convicted under 18 U.S.C. § 1001; and (ii) statutory maximum term of eight years’ … Commentary Statutory Provisions: 18 U.S.C. §§ 1001 (when the statutory maximum term of eight years’ imprisonment applies because the matter relates to international terrorism or domestic terrorism, or

Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States

U.S.S.G. § 2B1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States

See 18 U.S.C. § 3742(e) and (f). … —In a case involving a Davis–Bacon Act violation (i.e., a violation of 40 U.S.C. § 3142, criminally prosecuted under 18 U.S.C. § 1001), the value of the benefits shall be considered to be not less than

(viii) Federal Health Care Offenses Involving Government Health Care Pro-

U.S.S.G. § 2B1.5 · Federal · Guidelines

U.S. Sentencing Guidelines › (viii) Federal Health Care Offenses Involving Government Health Care Pro-

Sometimes, offenses involving fraudulent statements are prosecuted under 18 U.S.C. § 1001, or a similarly general statute, although the offense involves fraudulent conduct that is also covered by a more … Sometimes, offenses involving fraudulent statements are prosecuted under 18 U.S.C. § 1001, or a similarly general statute, although the offense involves fraudulent conduct that is also covered by a more

Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information

U.S.S.G. § 2H3.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Interception of Communications; Eavesdropping; Disclosure of Certain Private or Protected Information

Imposition of Sentence for 18 U.S.C. § 1039(d) and (e). … Imposition of Sentence for 18 U.S.C. § 1039(d) and (e).

Armed Career Criminal

U.S.S.G. § 4B1.4 · Federal · Guidelines

U.S. Sentencing Guidelines › Armed Career Criminal

Under 18 U.S.C. § 924(e)(1), a defendant is subject to an enhanced sentence if the instant offense of conviction is a violation of 18 U.S.C. § 922(g) and the defendant has at least three prior convictions … It is to be noted that the definitions of “violent felony” and “serious drug offense” in 18 U.S.C nviction is a violation of 18 U.S.C. § 922(g) and the defendant has at least three prior convictions for

Possession of Firearm or Dangerous Weapon in Federal Facility; Possession or Discharge of Firearm in School Zone

U.S.S.G. § 2K2.5 · Federal · Guidelines

U.S. Sentencing Guidelines › Possession of Firearm or Dangerous Weapon in Federal Facility; Possession or Discharge of Firearm in School Zone

See 18 U.S.C. § 930(g)(3). 3. “School zone” is defined at 18 U.S.C. § 922(q). … See 18 U.S.C. § 924(a)(4).

Attempt, Solicitation, or Conspiracy (Not Covered by a Specific Offense Guideline)

U.S.S.G. § 2X1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Attempt, Solicitation, or Conspiracy (Not Covered by a Specific Offense Guideline)

. § 2332b(g)(5): 18 U.S.C. § 81; 18 U.S.C. § 930(c); 18 U.S.C. § 1362; 18 U.S.C. § 1363; 18 U.S.C. § 1992(a)(1)–(a)(7), (a)(9), (a)(10); 18 U.S.C. § 2339A; 18 U.S.C. § 2340A; 49 U.S.C. § 46504; 49 U.S.C … (B) Any of the following offenses: 18 U.S.C. § 32; and 18 U.S.C. § 2332a. Commentary Statutory Provisions: 18 U.S.C. §§ 371, 372, 2271, 2282A, 2282B.

Term of Supervised Release

U.S.S.G. § 5D1.2 · Federal · Guidelines

U.S. Sentencing Guidelines › Term of Supervised Release

See 18 U.S.C. § 3583(b)(2). (3) Not more than one year for a defendant convicted of a Class E felony or a misdemeanor (other than a petty offense). See 18 U.S.C. § 3583(b)(3). … See 18 U.S.C. § 3583(j), (k). For certain terrorism offenses, the authorized term of supervised release is any term of years or life. 18 U.S.C. § 3583(j).

Other Felony Offenses

U.S.S.G. § 2X5.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Other Felony Offenses

(a)(1) and listed in 18 U.S.C. § 1841(b). … Convictions under 18 U.S.C. § 1841(a)(1).

Aggravated Identity Theft

U.S.S.G. § 2B1.6 · Federal · Guidelines

U.S. Sentencing Guidelines › Aggravated Identity Theft

(a) If the defendant was convicted of violating 18 U.S.C. § 1028A, the guideline sentence is the term of imprisonment required by statute. … Accordingly, the guideline sentence for a defendant convicted under 18 U.S.C. § 1028A is the term required by that statute.

Restitution

U.S.S.G. § 5E1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Restitution

See 18 U.S.C. § 3663(c)(4). … See 18 U.S.C. § 3663(c)(5).

Commission of Offense While on Release

U.S.S.G. § 3C1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Commission of Offense While on Release

If a statutory sentencing enhancement under 18 U.S.C. § 3147 applies, increase the offense level by 3 levels. Commentary Application Note: 1. … Under 18 U.S.C. § 3147, a sentence of imprisonment must be imposed in addition to the sentence for the underlying offense, and the sentence of imprisonment imposed under 18 U.S.C. § 3147 must run consecutively

Accessory After the Fact

U.S.S.G. § 2X3.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Accessory After the Fact

any offense listed in 18 U.S.C. § 2339 or § 2339A or who committed any offense involving or intending to promote a federal crime of terrorism, as defined in 18 U.S.C. § 2332b(g)(5). … of 18 U.S.C. § 2339C(a)(1)(A)).

Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes

U.S.S.G. § 2K2.4 · Federal · Guidelines

U.S. Sentencing Guidelines › Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in Relation to Certain Crimes

Accordingly, the guideline sentence for a defendant convicted under 18 U.S.C d the conviction underlying this section. Commentary Statutory Provisions: 18 U.S.C. §§ 844(h), (o), 924(c), 929(a). … which was not the basis for the 18 U.S.C. § 924(c) conviction.

Imposition of a Term of Supervised Release

U.S.S.G. § 5D1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Imposition of a Term of Supervised Release

See 18 U.S.C. § 3632(d)(4)(A). … credits under [18 U.S.C. § 3632].” 18 U.S.C. § 3624(g)(3).

Border Tunnels and Subterranean Passages

U.S.S.G. § 2X7.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Border Tunnels and Subterranean Passages

If the resulting offense level is less than level 16, increase to level 16. (2) 16, if the defendant was convicted under 18 U.S.C. § 555(a); or (3) 8, if the defendant was convicted under 18 U.S.C. § 555 … Commentary Statutory Provision: 18 U.S.C. § 555. Application Note: 1. Definition.

Forfeiture

U.S.S.G. § 5E1.4 · Federal · Guidelines

U.S. Sentencing Guidelines › Forfeiture

For example, 18 U.S.C. § 3554 requires the court imposing a sentence under 18 U.S.C. § 1962 (proscribing the use of the proceeds of racketeering activities in the operation of an enterprise engaged in … U.S.C. § 1963 and 21 U.S.C. § 853, respectively.

Serious Human Rights Offense

U.S.S.G. § 3A1.5 · Federal · Guidelines

U.S. Sentencing Guidelines › Serious Human Rights Offense

See 18 U.S.C. § 1091(c). Historical Note Effective November 1, 2012 (amendment 765) rm of years or life applies. See 18 U.S.C. §§ 1091(b), 2340A(a), 2442(b). … See 18 U.S.C. § 2441(a). For the offense of incitement to genocide, the statutory maximum term of imprisonment is five years. See 18 U.S.C. § 1091(c).

Career Offender

U.S.S.G. § 4B1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Career Offender

count(s) of conviction other than the 18 U.S.C. § 924(c) or § 929(a) count(s); and (B) the guideline range determined using the table in subsection (c)(3). (3) CAREER OFFENDER TABLE FOR 18 U.S.C. § 924 … —For purposes of subsection (c)(2)(A), “otherwise applicable guideline range” for the count(s) of conviction other than the 18 U.S.C. § 924(c) or 18 U.S.C. § 929(a) count(s) is determined as follows: