Statutes and regulations

Evading Import Duties or Restrictions (Smuggling); Receiving or Trafficking in Smuggled Property

U.S.S.G. § 2T3.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Evading Import Duties or Restrictions (Smuggling); Receiving or Trafficking in Smuggled Property

Commentary Statutory Provisions: 18 U.S.C. §§ 496, 541–545, 547, 548, 550, 551, 1915; 19 U.S.C. §§ 283, 1436, 1464, 1465, 1586(e), 1708(b), 3907.

Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury

U.S.S.G. § 2N1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Tampering or Attempting to Tamper Involving Risk of Death or Bodily Injury

Commentary Statutory Provisions: 18 U.S.C. § 1365(a), (e); 21 U.S.C. § 333(b)(7). For additional statutory provision(s), see Appendix A (Statutory Index). Application Note: 1.

Community Service ― Organizations (Policy Statement)

U.S.S.G. § 8B1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Community Service ― Organizations (Policy Statement)

with this section unless such community service provided a means for preventive or corrective action directly related to the offense and therefore served one of the purposes of sentencing set forth in 18 … U.S.C. § 3553(a).

Determining the Fine Within the Range (Policy Statement)

U.S.S.G. § 8C2.8 · Federal · Guidelines

U.S. Sentencing Guidelines › Determining the Fine Within the Range (Policy Statement)

Ethics Program). partial but incomplete satisfaction of the conditions for one or more of the mitigating or aggravating factors set forth in §8C2.5 (Culpability Score); (10) any factor listed in 18 U.S.C … Background: Subsection (a) includes factors that the court is required to consider under 18 U.S.C. §§ 3553(a) and 3572(a) as well as additional factors that the Commission has determined may be relevant

Imposing a Fine

U.S.S.G. § 8C3.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Imposing a Fine

The general statutory provisions governing a sentence of a fine are set forth in 18 U.S.C. § 3571.

Offering, Accepting, or Soliciting a Bribe or Gratuity Affecting the Operation of an Employee Welfare or Pension Benefit Plan; Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations

U.S.S.G. § 2E5.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Offering, Accepting, or Soliciting a Bribe or Gratuity Affecting the Operation of an Employee Welfare or Pension Benefit Plan; Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations

Commentary Statutory Provisions: 18 U.S.C. § 1954; 29 U.S.C. § 186. Application Notes: 1. … “Fiduciary of the benefit plan” is defined in 29 U.S.C. § 1002(21)(A) to mean a person who exercises any discretionary authority or control in respect to the management of such plan or exercises authority

Hazardous or Injurious Devices on Federal Lands

U.S.S.G. § 2Q1.6 · Federal · Guidelines

U.S. Sentencing Guidelines › Hazardous or Injurious Devices on Federal Lands

Commentary Statutory Provision: 18 U.S.C. § 1864.

Reduction of Fine Based on Inability to Pay

U.S.S.G. § 8C3.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Reduction of Fine Based on Inability to Pay

Background: Subsection (a) carries out the requirement in 18 U.S.C. § 3572(b) that the court impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability

Unlawfully Entering or Remaining in the United States

U.S.S.G. § 2L1.2 · Federal · Guidelines

U.S. Sentencing Guidelines › Unlawfully Entering or Remaining in the United States

. § 5845(a) or explosive material as defined in 18 U.S.C efendant was convicted. 2. … . § 5845(a) or explosive material as defined in 18 U.S.C. § 841(c), or any other offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical

Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations

U.S.S.G. § 2E1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Unlawful Conduct Relating to Racketeer Influenced and Corrupt Organizations

Commentary Statutory Provisions: 18 U.S.C. §§ 1962, 1963. Application Notes: 1.

Unlawful Conduct Relating to Contraband Cigarettes and Smokeless Tobacco

U.S.S.G. § 2E4.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Unlawful Conduct Relating to Contraband Cigarettes and Smokeless Tobacco

Commentary Statutory Provisions: 18 U.S.C. §§ 2342(a), 2344(a). Application Note: 1. “Tax evaded” refers to state and local excise taxes.

Making or Financing an Extortionate Extension of Credit; Collecting an Extension of Credit by Extortionate Means

U.S.S.G. § 2E2.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Making or Financing an Extortionate Extension of Credit; Collecting an Extension of Credit by Extortionate Means

(c) Cross Reference (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the … Commentary Statutory Provisions: 18 U.S.C. §§ 892–894. Application Notes: 1. Definitions.

Use of Certain Information

U.S.S.G. § 1B1.8 · Federal · Guidelines

U.S. Sentencing Guidelines › Use of Certain Information

As with the statutory provisions governing use immunity, 18 U.S.C he event no agreement is reached, use of such information in a sentencing proceeding is restricted by Rule 11(f) (Admissibility or Inadmissibility … As with the statutory provisions governing use immunity, 18 U.S.C. § 6002, this guideline does not apply to information used against the defendant in a prosecution for perjury, giving a false statement

Standards for Acceptance of Plea Agreements (Policy Statement)

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

U.S. Sentencing Guidelines › Standards for Acceptance of Plea Agreements (Policy Statement)

See 18 U.S.C. § 3553(c). … See 18 U.S.C. § 3553(c).

Hate Crime Motivation or Vulnerable Victim

U.S.S.G. § 3A1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Hate Crime Motivation or Vulnerable Victim

See 18 U.S.C. § 249(c)(4). … See 18 U.S.C. § 249(c)(4).

Escape, Instigating or Assisting Escape

U.S.S.G. § 2P1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Escape, Instigating or Assisting Escape

Commentary Statutory Provisions: 18 U.S.C. §§ 751, 752, 755; 28 U.S.C. § 1826. For additional statutory provision(s), see Appendix A (Statutory Index). Application Notes: 1.

Conspiracy to Impede, Impair, Obstruct, or Defeat Tax

U.S.S.G. § 2T1.9 · Federal · Guidelines

U.S. Sentencing Guidelines › Conspiracy to Impede, Impair, Obstruct, or Defeat Tax

Commentary Statutory Provision: 18 U.S.C. § 371. Application Notes: 1. … ALCOHOL AND TOBACCO TAXES Introductory Commentary This subpart deals with offenses contained in parts I–IV of subchapter J of chapter 51 of subtitle E of title 26, United States Code, chiefly 26 U.S.C.

Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy

U.S.S.G. § 2D1.1 · Federal · Guidelines

U.S. Sentencing Guidelines › Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy

In addition, 18 U.S.C. § 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases. … In addition, 18 U.S.C. § 3553(f) provides an exception to the applicability of mandatory minimum sentences in certain cases.

Resolution of Disputed Factors (Policy Statement)

U.S.S.G. § 6A1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Resolution of Disputed Factors (Policy Statement)

See 18 U.S.C. § 3661; Witte v. … Nonetheless, nothing in the Guidelines Manual abrogates a court’s authority under 18 U.S.C. § 3661. Historical Note Effective November 1, 1987.

Abuse of Position of Trust or Use of Special Skill

U.S.S.G. § 3B1.3 · Federal · Guidelines

U.S. Sentencing Guidelines › Abuse of Position of Trust or Use of Special Skill

“Means of identification” has the meaning given that term in 18 U.S.C. § 1028(d)(7). … “Fiduciary of the benefit plan” is defined in 29 U.S.C osition of trust pertain to theft or embezzlement from employee pension or welfare benefit plans or labor unions: (A) If the offense involved theft