
The United States Sentencing Commission is an independent agency in the judicial branch composed of seven voting and two non-voting, ex officio members. Its principal purpose is to establish sentencing policies and practices for the federal criminal justice system that will assure the ends of justice by promulgating detailed guidelines prescribing the appropriate sentences for offenders convicted of federal crimes.
CHAPTER ONE INTRODUCTION, AUTHORITY, AND GENERAL APPLICATION PRINCIPLES 1
Part A ― Introduction and Authority 1
1. Original Introduction to the Guidelines Manual 1
2. Continuing Evolution and Role of the Guidelines 13
3. Authority 16
Part B ― General Application Principles 17
CHAPTER TWO OFFENSE CONDUCT 50
Part A ― Offenses Against the Person 50
1. Homicide 50
2. Assault 53
3. Criminal Sexual Abuse and Offenses Related to Registration as a Sex Offender 59
4. Kidnapping, Abduction, or Unlawful Restraint 72
5. Air Piracy and Offenses Against Mass Transportation Systems 75
6. Threatening or Harassing Communications, Hoaxes, Stalking, and Domestic Violence 77
Part B ― Basic Economic Offenses 82
1. Theft, Embezzlement, Receipt of Stolen Property, Property Destruction, and Offenses Involving Fraud or Deceit 82
2. Burglary and Trespass 111
3. Robbery, Extortion, and Blackmail 115
4. Commercial Bribery and Kickbacks 121
5. Counterfeiting and Infringement of Copyright or Trademark 124
6. Motor Vehicle Identification Numbers 130
Part C ― Offenses Involving Public Officials and Violations of Federal Election Campaign Laws 131
Part D ― Offenses Involving Drugs and Narco-Terrorism 142
1. Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise 142
2. Unlawful Possession 189
3. Regulatory Violations 191
Part E ― Offenses Involving Criminal Enterprises and Racketeering 193
1. Racketeering 193
2. Extortionate Extension of Credit 196
3. Gambling 197
4. Trafficking in Contraband Cigarettes and Smokeless Tobacco 199
5. Labor Racketeering 199
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Guidelines Manual (November 1, 2021) Part F ― [Deleted] 203
Part G ― Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity 204
1. Promoting a Commercial Sex Act or Prohibited Sexual Conduct 204
2. Sexual Exploitation of a Minor 211
3. Obscenity 221
Part H ― Offenses Involving Individual Rights 225
1. Civil Rights 225
2. Political Rights 227
3. Privacy and Eavesdropping 228
4. Peonage, Involuntary Servitude, Slave Trade, and Child Soldiers 23
1 Part I ― [Not Used] 233
Part J ― Offenses Involving the Administration Of Justice 234
Part K ― Offenses Involving Public Safety 243
1. Explosives and Arson 243
2. Firearms 250
3. Mailing Injurious Articles 263
Part L ― Offenses Involving Immigration, Naturalization, and Passports 265
1. Immigration 265
2. Naturalization and Passports 273
Part M ― Offenses Involving National Defense and Weapons of Mass Destruction 278
1. Treason 278
2. Sabotage 278
3. Espionage and Related Offenses 279
4. Evasion of Military Service 284
5. Prohibited Financial Transactions and Exports, and Providing Material Support to Designated Foreign Terrorist Organizations 285
6. Nuclear, Biological, and Chemical Weapons and Materials, and Other Weapons of Mass Destruction 288
Part N ― Offenses Involving Food, Drugs, Agricultural Products, Consumer Products, and Odometer Laws 292
1. Tampering with Consumer Products 292
2. Food, Drugs, Agricultural Products, and Consumer Products 294
3. Odometer Laws and Regulations 295
Part O ― [Not Used] 296
Part P ― Offenses Involving Prisons and Correctional Facilities 297
Part Q ― Offenses Involving the Environment 301
1. Environment 301
2. Conservation and Wildlife 308
Part R ― Antitrust Offenses 311
Part S ― Money Laundering and Monetary Transaction Reporting 315
TABLE OF CONTENTS Guidelines Manual (November 1, 2021)
║ v Part T ― Offenses Involving Taxation 321
1. Income Taxes, Employment Taxes, Estate Taxes, Gift Taxes, and Excise Taxes (Other Than Alcohol, Tobacco, and Customs Taxes) 321
2. Alcohol and Tobacco Taxes 330
3. Customs Taxes 331
4. Tax Table 333
Part U ― [Not Used] 334
Part V ― [Not Used] 334
Part W ― [Not Used] 334
Part X ― Other Offenses 335
1. Conspiracies, Attempts, Solicitations 335
2. Aiding and Abetting 338
3. Accessory After the Fact 338
4. Misprision of Felony 339
5. All Other Felony Offenses and Class A Misdemeanors 340
6. Offenses Involving Use of a Minor in a Crime of Violence 342
7. Offenses Involving Border Tunnels and Submersible and Semi-Submersible Vessels 343
Part Y ― [Not Used] 344
Part Z ― [Not Used] 344
CHAPTER THREE ADJUSTMENTS 345
Part A ― Victim-Related Adjustments 345
Part B ― Role in the Offense 351
Part C ― Obstruction and Related Adjustments 359
Part D ― Multiple Counts 364
Part E ― Acceptance of Responsibility 376
CHAPTER FOUR CRIMINAL HISTORY AND CRIMINAL LIVELIHOOD 379
Part A ― Criminal History 379
Part B ― Career Offenders and Criminal Livelihood 395
CHAPTER FIVE DETERMINING THE SENTENCE 406
Part A ― Sentencing Table 406
Part B ― Probation 409
Part C ― Imprisonment 418
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Part D ― Supervised Release 424
Part E ― Restitution, Fines, Assessments, Forfeitures 435
Part F ― Sentencing Options 443
Part G ― Implementing the Total Sentence of Imprisonment 449
Part H ― Specific Offender Characteristics 458
Part I ― [Not Used] 465
Part J ― Relief From Disability 466
Part K ― Departures 467
1. Substantial Assistance to Authorities 467
2. Other Grounds for Departure 468
3. Early Disposition Programs 486
CHAPTER SIX SENTENCING PROCEDURES, PLEA AGREEMENTS, AND CRIME VICTIMS’ RIGHTS 487
Part A ― Sentencing Procedures 487
Part B ― Plea Agreements 491
CHAPTER SEVEN VIOLATIONS OF PROBATION AND SUPERVISED RELEASE 496
Part A ― Introduction to Chapter Seven 496
Part B ― Probation and Supervised Release Violations 501
CHAPTER EIGHT SENTENCING OF ORGANIZATIONS 509
Part A ― General Application Principles 510
Part B ― Remedying Harm from Criminal Conduct, and Effective Compliance and Ethics Program 514
1. Remedying Harm from Criminal Conduct 514
2. Effective Compliance and Ethics Program 517
Part C ― Fines 523
1. Determining the Fine ― Criminal Purpose Organizations 523
2. Determining the Fine ― Other Organizations 523
3. Implementing the Sentence of a Fine 540
4. Departures from the Guideline Fine Range 542
Part D ― Organizational Probation 547
Part E ― Special Assessments, Forfeitures, and Costs 551
Part F ― Violations of Probation ― Organizations 553
Individuals engaged in the process of establishing sentencing of crimes to include judges at all levels of juridiction, and attorneys representing those who may be sentenced due to the enactment of crime.
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