2009 Federal Sentencing Guidelines Manual
CHAPTERS ONE THROUGH EIGHT of the Guidelines Manual
Part B - General Application Principles
§1B1.1. Application Instructions
§1B1.2. Applicable Guidelines
§1B1.3. Relevant Conduct (Factors that Determine the Guideline Range)
§1B1.4. Information to be Used in Imposing Sentence (Selecting a Point Within
the Guideline Range or Departing from the Guidelines)
§1B1.5. Interpretation of References to Other Offense Guidelines
§1B1.6. Structure of the Guidelines
§1B1.7. Significance of Commentary
§1B1.8. Use of Certain Information
§1B1.9. Class B or C Misdemeanors and Infractions
§1B1.10. Reduction in Term of Imprisonment as a Result of Amended Guideline
Range (Policy Statement)
§1B1.11. Use of Guidelines Manual in Effect on Date of Sentencing (Policy
Statement)
§1B1.12. Persons Sentenced Under the Federal Juvenile Delinquency Act (Policy
Statement)
§1B1.13. Reduction in Term of Imprisonment as a Result of Motion by Director of
Bureau of Prisons (Policy Statement)
CHAPTER TWO - Offense Conduct
CHAPTER TWO PARTS A-C
Part A-Offenses Against the Person
Homicide
§2A1.1 First Degree Murder
§2A1.2 Second Degree Murder
§2A1.3 Voluntary Manslaughter
§2A1.4 Involuntary Manslaughter
§2A1.5 Conspiracy or Solicitation to Commit Murder
Assault
§2A2.1 Assault with Intent to Commit Murder; Attempted Murder
§2A2.2 Aggravated Assault
§2A2.3 Minor Assault
§2A2.4 Obstructing or Impeding Officers
Criminal Sexual Abuse
and Offenses Related to Registration as a Sex Offender
§2A3.1 Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse
§2A3.2 Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years
(Statutory Rape) or Attempt to Commit Such Acts
§2A3.3 Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts
§2A3.4 Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact
§2A3.5 Failure to Register as a Sex Offender
§2A3.6 Aggravated Offenses Relating to Registration as a Sex Offender
Kidnapping, Abduction,
or Unlawful Restraint
§2A4.1 Kidnapping, Abduction, Unlawful Restraint
§2A4.2 Demanding or Receiving Ransom Money
Air Piracy and Offenses Against Mass
Transportation Systems
§2A5.1 Aircraft Piracy or Attempted Aircraft Piracy
§2A5.2 Interference with Flight Crew Member or Flight Attendant; Interference
with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation
Vehicle
§2A5.3 Committing Certain Crimes Aboard Aircraft
Threatening or Harassing Communications,
Hoaxes, Stalking, and Domestic Violence
§2A6.1 Threatening or Harassing Communications; Hoaxes; False Liens
§2A6.2 Stalking or Domestic Violence
Part B- Basic Economic Offenses
Theft, Embezzlement, Receipt of Stolen Property, Property Destruction and Offenses Involving Fraud or Deceit
§2B1.1 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 Obligation of the United States
§2B1.2 [Deleted]
§2B1.3 [Deleted]
§2B1.4 Insider Trading
§2B1.5 Theft of, Damage to, or Destruction of, Cultural Heritage Resources;
Unlawful Sale, Purchase, Exchange, Transportation or Receipt of Cultural
Heritage Resources
§2B1.6. Aggravated Identity Theft
Burglary and Trespass
§2B2.1 Burglary of a Residence or a Structure Other than a Residence
§2B2.2 [Deleted]
§2B2.3 Trespass
Robbery, Extortion, and Blackmail
§2B3.1 Robbery
§2B3.2 Extortion by Force or Threat of Injury or Serious Damage
§2B3.3 Blackmail and Similar Forms of Extortion
Commercial Bribery and Kickbacks
§2B4.1 Bribery in Procurement of Bank Loan and Other Commercial Bribery
Counterfeiting and Infringement of Copyright or
Trademark
§2B5.1 Offenses Involving Counterfeit Bearer Obligations of the United States
§2B5.2 [Deleted]
§2B5.3 Criminal Infringement of Copyright or Trademark
§2B5.4 [Deleted]
Motor Vehicle Identification Numbers
§2B6.1 Altering or Removing Motor Vehicle Identification Numbers, or Trafficking
in Motor Vehicles or Parts with Altered or Obliterated Identification Numbers
Part C-Offenses Involving Public Officials and Violation of Federal Election Campaign Laws
§2C1.1 Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color
of Official Right; Fraud Involving the Deprivation of the Intangible Right to
Honest Services of Public Officials; Conspiracy to Defraud by Interference with
Governmental Functions
§2C1.2 Offering, Giving, Soliciting, or Receiving a Gratuity
§2C1.3 Conflict of Interest; Payment or Receipt of Unauthorized Compensation
§2C1.4 [Deleted]
§2C1.5 Payments to Obtain Public Office
§2C1.6 [Deleted]
§2C1.7 [Deleted]
§2C1.8. Making, Receiving, or Failing to Report a Contribution, Donation, or
Expenditure in Violation of the Federal Election Campaign Act; Fraudulently
Misrepresenting Campaign Authority; Soliciting or Receiving a Donation in
Connection with an Election While on Certain Federal Property
CHAPTER TWO PARTS D
Part D-Offenses Involving Drugs and Narco-Terrorism
Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise
§2D1.1. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including
Possession with Intent to Commit These Offenses); Attempt or Conspiracy
§2D1.2. Drug Offenses Occurring Near Protected Locations or Involving Underage
or Pregnant Individuals; Attempt or Conspiracy
§2D1.3. [Deleted]
§2D1.4. [Deleted]
§2D1.5. Continuing Criminal Enterprise; Attempt or Conspiracy
§2D1.6. Use of Communication Facility in Committing Drug Offense; Attempt or
Conspiracy
§2D1.7. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or
Conspiracy
§2D1.8. Renting or Managing a Drug Establishment; Attempt or Conspiracy
§2D1.9. Placing or Maintaining Dangerous Devices on Federal Property to Protect
the Unlawful Production of Controlled Substances; Attempt or Conspiracy
§2D1.10. Endangering Human Life While Illegally Manufacturing a Controlled
Substance; Attempt or Conspiracy
§2D1.11. Unlawfully Distributing, Importing, Exporting or Possessing a Listed
Chemical; Attempt or Conspiracy
§2D1.12. Unlawful Possession, Manufacture, Distribution, Transportation,
Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product,
or Material; Attempt or Conspiracy
§2D1.13.Structuring Chemical Transactions or Creating a Chemical Mixture to
Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent
Identification to Obtain a Listed Chemical; Attempt or Conspiracy
§2D1.14. Narco-Terrorism
Unlawful Possession
§2D2.1. Unlawful Possession; Attempt or Conspiracy
§2D2.2. Acquiring a Controlled Substance by Forgery, Fraud, Deception, or
Subterfuge; Attempt or Conspiracy
§2D2.3. Operating or Directing the Operation of a Common Carrier Under the
Influence of Alcohol or Drugs
Regulatory Violations
§2D3.1. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising
Relating to Schedule I Substances; Attempt or Conspiracy
§2D3.2. Regulatory Offenses Involving Controlled Substances or Listed Chemicals;
Attempt or Conspiracy
§2D3.3. [Deleted]
§2D3.4. [Deleted]
§2D3.5. [Deleted]
CHAPTER TWO PARTS E - K
Part E-Offenses Involving Criminal Enterprises and Racketeering
Racketeering
§2E1.1. Unlawful Conduct Relating to Racketeer Influenced and Corrupt
Organizations
§2E1.2. Interstate or Foreign Travel or Transportation in Aid of a Racketeering
Enterprise
§2E1.3. Violent Crimes in Aid of Racketeering Activity
§2E1.4. Use of Interstate Commerce Facilities in the Commission of
Murder-For-Hire
§2E1.5. [Deleted]
Extortionate Extension of Credit
§2E2.1. Making or Financing an Extortionate Extension of Credit; Collecting an
Extension of Credit by Extortionate Means
Gambling
§2E3.1.Gambling Offenses; Animal Fighting Offenses
§2E3.2. [Deleted]
§2E3.3. [Deleted]
Trafficking in Contraband Cigarettes and Smokeless
Tobacco
§2E4.1. Unlawful Conduct Relating to Contraband Cigarettes and Smokeless Tobacco
Labor Racketeering
§2E5.1. 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
§2E5.2. [Deleted]
§2E5.3. False Statements and Concealment of Facts in Relation to Documents
Required by the Employee Retirement Income Security Act; Failure to Maintain and
Falsification of Records Required by the Labor Management Reporting and
Disclosure Act; Destruction and Failure to Maintain Corporate Audit Records
§2E5.4. [Deleted]
§2E5.5. [Deleted]
§2E5.6. [Deleted]
Part F- [Deleted]
§2F1.1. [Deleted]
§2F1.2. [Deleted]
Part G-Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity
Promoting a Commercial Sex Act or Prohibited Sexual Conduct
§2G1.1. Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an
Individual Other than a Minor
§2G1.2. [Deleted]
§2G1.3. Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a
Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited
Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual
Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities
to Transport Information about a Minor
Sexual Exploitation of a Minor
§2G2.1. Sexually Exploiting a Minor by Production of Sexually Explicit Visual or
Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit
Conduct; Advertisement for Minors to Engage in Production
§2G2.2.Trafficking in Material Involving the Sexual Exploitation of a Minor;
Receiving, Transporting, Shipping, or Advertising Material Involving the Sexual
Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation
of a Minor with Intent to Traffic, Possessing Material Involving the Sexual
Exploitation of a Minor
§2G2.3. Selling or Buying of Children for Use in the Production of Pornography
§2G2.4. [Deleted]
§2G2.5. Recordkeeping Offenses Involving the Production of Sexually Explicit
Materials; Failure to Provide Required Marks in Commercial Electronic Email
§2G2.6. Child Exploitation Enterprises
Obscenity
§2G3.1. Importing, Mailing, or Transporting Obscene Matter; Transferring Obscene
Matter to a Minor; Misleading Domain Names
§2G3.2. Obscene Telephone Communications for a Commercial Purpose; Broadcasting
Obscene Material
Part H-Offenses Involving Individual Rights
Civil Rights
§2H1.1. Offenses Involving Individual Rights
§2H1.2. [Deleted]
§2H1.3. [Deleted]
§2H1.4. [Deleted]
§2H1.5. [Deleted]
Political Rights
§2H2.1. Obstructing an Election or Registration
Privacy and Eavesdropping
§2H3.1. Interception of Communications; Eavesdropping; Disclosure of Certain
Private or Protected Information
§2H3.2. Manufacturing, Distributing, Advertising, or Possessing an Eavesdropping
Device
§2H3.3. Obstructing Correspondence
Peonage, Involuntary Servitude, and Slave Trade
§2H4.1. Peonage, Involuntary Servitude, and Slave Trade
§2H4.2. Willful Violations of the Migrant and Seasonal Agricultural Worker
Protection Act
Part I-[Not Used]
Part J-Offenses Involving the Administration of Justice
§2J1.1.
Contempt
§2J1.2.
Obstruction of Justice
§2J1.3.
Perjury or Subornation of Perjury; Bribery of Witness
§2J1.4.
Impersonation
§2J1.5.
Failure to Appear by Material Witness
§2J1.6.
Failure to Appear by Defendant
§2J1.7. [Deleted]
§2J1.8. [Deleted]
§2J1.9.
Payment to Witness
Part K-Offenses Involving Public Safety
Explosives and Arson
§2K1.1. Failure to Report Theft of Explosive Materials; Improper Storage of
Explosive Materials
§2K1.2. [Deleted]
§2K1.3. Unlawful Receipt, Possession, or Transportation of Explosive Materials;
Prohibited Transactions Involving Explosive Materials
§2K1.4. Arson; Property Damage by Use of Explosives
§2K1.5. Possessing Dangerous Weapons or Materials While Boarding or Aboard an
Aircraft
§2K1.6. Licensee Recordkeeping Violations Involving Explosive Materials
§2K1.7. [Deleted]
Firearms
§2K2.1. Unlawful Receipt, Possession, or Transportation of Firearms or
Ammunition; Prohibited Transactions Involving Firearms or Ammunition
§2K2.2. [Deleted]
§2K2.3. [Deleted]
§2K2.4. Use of Firearm, Armor-Piercing Ammunition, or Explosive During or in
Relation to Certain Crimes
§2K2.5. Possession of Firearm or Dangerous Weapon in Federal Facility;
Possession or Discharge of Firearm in School Zone
§2K2.6. Possessing, Purchasing, or Owning Body Armor by Violent Felons
Mailing Injurious Articles
§2K3.1. [Deleted]
§2K3.2. Feloniously Mailing Injurious Articles
CHAPTER TWO PARTS L - X
Part L-Offenses Involving Immigration, Naturalization, and Passports
Immigration
§2L1.1. Smuggling, Transporting, or Harboring an Unlawful Alien
§2L1.2.Unlawfully Entering or Remaining in the United States
§2L1.3.[Deleted]
Naturalization and Passports
§2L2.1. Trafficking in a Document Relating to Naturalization, Citizenship, or
Legal Resident Status, or a United States Passport; False Statement in Respect
to the Citizenship or Immigration Status of Another; Fraudulent Marriage to
Assist Alien to Evade Immigration Law
§2L2.2. Fraudulently Acquiring Documents Relating to Naturalization,
Citizenship, or Legal Resident Status for Own Use; False Personation or
Fraudulent Marriage by Alien to Evade Immigration Law; Fraudulently Acquiring or
Improperly Using a United States Passport
§2L2.3. [Deleted]
§2L2.4. [Deleted]
§2L2.5. Failure to Surrender Canceled Naturalization Certificate
Part M-Offenses Involving National Defense and Weapons of Mass Destruction
Treason
§2M1.1. Treason
Sabotage
§2M2.1. Destruction of, or Production of Defective, War Material, Premises, or
Utilities
§2M2.2. [Deleted]
§2M2.3. Destruction of, or Production of Defective, National Defense Material,
Premises, or Utilities
§2M2.4. [Deleted]
Espionage and Related Offenses
§2M3.1. Gathering or Transmitting National Defense Information to Aid a Foreign
Government
§2M3.2. Gathering National Defense Information
§2M3.3.Transmitting National Defense Information; Disclosure of Classified
Cryptographic Information; Unauthorized Disclosure to a Foreign Government or a
Communist Organization of Classified Information by Government Employee;
Unauthorized Receipt of Classified Information
§2M3.4. Losing National Defense Information
§2M3.5. Tampering with Restricted Data Concerning Atomic Energy
§2M3.6. [Deleted]
§2M3.7. [Deleted]
§2M3.8. [Deleted]
§2M3.9.Disclosure of Information Identifying a Covert Agent
Evasion of Military Service
§2M4.1. Failure to Register and Evasion of Military Service
Prohibited Financial Transactions and Exports, and
Providing Material Support to Designated Foreign Terrorist Organizations
§2M5.1. Evasion of Export Controls; Financial Transactions with Countries
Supporting International Terrorism
§2M5.2. Exportation of Arms, Munitions, or Military Equipment or Services
Without Required Validated Export License
§2M5.3 Providing Material Support or Resources to Designated Foreign Terrorist
Organizations or Specially Designated Global Terrorists, or For a Terrorist
Purpose
Nuclear, Biological, and Chemical Weapons and Materials,
and Other Weapons of Mass Destruction
§2M6.1. Unlawful Activity Involving Nuclear Material, Weapons, or Facilities,
Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other
Weapons of Mass Destruction; Attempt or Conspiracy
§2M6.2. Violation of Other Federal Atomic Energy Agency Statutes, Rules, and
Regulations
Part N-Offenses Involving Food, Drugs, Agricultural Products, and Odometer Laws
Tampering with Consumer Products
§2N1.1. Tampering or Attempting to Tamper Involving Risk of Death or Bodily
Injury
§2N1.2. Providing False Information or Threatening to Tamper with Consumer
Products
§2N1.3. Tampering With Intent to Injure Business
Food, Drugs, and Agricultural Products
§2N2.1. Violations of Statutes and Regulations Dealing With Any Food, Drug,
Biological Product, Device, Cosmetic, or Agricultural Product
Odometer Laws and Regulations
§2N3.1. Odometer Laws and Regulations
Part O-[Not Used]
Part P-Offenses Involving Prisons and Correctional Facilities
§2P1.1.
Escape, Instigating or Assisting Escape
§2P1.2.
Providing or Possessing Contraband in Prison
§2P1.3.
Engaging In, Inciting or Attempting to Incite a Riot Involving Persons in a
Facility for Official Detention
§2P1.4. [Deleted]
Part Q-Offenses Involving the Environment
Environment
§2Q1.1. Knowing Endangerment Resulting From Mishandling Hazardous or Toxic
Substances, Pesticides or Other Pollutants
§2Q1.2. Mishandling of Hazardous or Toxic Substances or Pesticides;
Recordkeeping, Tampering, and Falsification; Unlawfully Transporting Hazardous
Materials in Commerce
§2Q1.3. Mishandling of Other Environmental Pollutants; Recordkeeping, Tampering,
and Falsification
§2Q1.4. Tampering or Attempted Tampering with a Public Water System; Threatening
to Tamper with a Public Water System
§2Q1.5. [Deleted]
§2Q1.6. Hazardous or Injurious Devices on Federal Lands
Conservation and Wildlife
§2Q2.1. Offenses Involving Fish, Wildlife, and Plants
§2Q2.2. [Deleted]
Part R-Antitrust Offenses
§2R1.1. Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors
Part S-Money Laundering and Monetary Transaction Reporting
§2S1.1. Laundering of Monetary Instruments; Engaging in Monetary Transactions in
Property Derived from Unlawful Activity
§2S1.2. [Deleted]
§2S1.3. Structuring Transactions to Evade Reporting Requirements; Failure to
Report Cash or Monetary Transactions; Failure to File Currency and Monetary
Instrument Report; Knowingly Filing False Reports; Bulk Cash Smuggling;
Establishing or Maintaining Prohibited Accounts
§2S1.4. [Deleted]
Part T-Offenses Involving Taxation
Income Taxes, Employment Taxes, Estate Taxes, Gift
Taxes, and Excise Taxes (Other Than Alcohol, Tobacco, and Customs Taxes)
§2T1.1. Tax Evasion; Willful Failure to File Return, Supply Information, or Pay
Tax; Fraudulent or False Returns, Statements, or Other Documents
§2T1.2. [Deleted]
§2T1.3. [Deleted]
§2T1.4. Aiding, Assisting, Procuring, Counseling, or Advising Tax Fraud
§2T1.5. [Deleted]
§2T1.6. Failing to Collect or Truthfully Account for and Pay Over Tax
§2T1.7. Failing to Deposit Collected Taxes in Trust Account as Required After
Notice
§2T1.8. Offenses Relating to Withholding Statements
§2T1.9. Conspiracy to Impede, Impair, Obstruct, or Defeat Tax
Alcohol and Tobacco Taxes
§2T2.1. Non-Payment of Taxes
§2T2.2. Regulatory Offenses
Customs Taxes
§2T3.1. Evading Import Duties or Restrictions (Smuggling); Receiving or
Trafficking in Smuggled Property
§2T3.2. [Deleted]
Tax Table
§2T4.1. Tax Table
Part U-[Not Used]
Part V-[Not Used]
Part W-[Not Used]
Part X-Other Offenses
Conspiracies, Attempts, Solicitations
§2X1.1. Attempt, Solicitation, or Conspiracy (Not Covered by a Specific Offense Guideline)
Aiding and Abetting
§2X2.1. Aiding and Abetting
Accessory After the Fact
§2X3.1. Accessory After the Fact
Misprision of Felony
§2X4.1. Misprision of Felony
All Other Offenses
§2X5.1. Other Felony Offenses
§2X5.2. Class A Misdemeanors (Not Covered by Another Specific Offense Guideline)
Offenses Involving Use of a Minor in a Crime of Violence
§2X6.1. Use of a Minor in a Crime of Violence
OFFENSES INVOLVING BORDER TUNNELS AND SUBMERSIBLE AND SEMI-SUBMERSIBLE VESSELS
§2X7.1. Border Tunnels and Subterranean Passages
§2X7.2. Submersible and Semi-Submersible Vessels
Part Y-[Not Used]
Part Z-[Not Used]
CHAPTER THREE - Adjustments
Part A-Victim-Related Adjustments
§3A1.1. Hate Crime Motivation or Vulnerable Victim
§3A1.2. Official Victim
§3A1.3. Restraint of Victim
§3A1.4. Terrorism
Part B-Role in the Offense
§3B1.1. Aggravating Role
§3B1.2. Mitigating Role
§3B1.3. Abuse of Position of Trust or Use of Special Skill
§3B1.4. Using a Minor To Commit a Crime
§3B1.5. Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence
Part C-Obstruction and Related Adjustments
§3C1.1. Obstructing or Impeding the Administration of Justice
§3C1.2. Reckless Endangerment During Flight
§3C1.3. Commission of Offense While on Release
§3C1.4. False Registration of Domain Name
Part D-Multiple Counts
§3D1.1. Procedure for Determining Offense Level on Multiple Counts
§3D1.2. Groups of Closely Related Counts
§3D1.3. Offense Level Applicable to Each Group of Closely Related Counts
§3D1.4. Determining the Combined Offense Level
§3D1.5. Determining the Total Punishment
Part E-Acceptance of Responsibility
§3E1.1. Acceptance of Responsibility
CHAPTER FOUR - Criminal History and Criminal Livelihood
Part A-Criminal History
§4A1.1. Criminal History Category
§4A1.2. Definitions and Instructions for Computing Criminal History
§4A1.3. Departures Based on Inadequacy of Criminal History Category (Policy
Statement)
Part B-Career Offenders and Criminal Livelihood
§4B1.1. Career Offender
§4B1.2. Definitions of Terms Used in Section 4B1.1
§4B1.3. Criminal Livelihood
§4B1.4. Armed Career Criminal
§4B1.5. Repeat and Dangerous Sex Offender Against Minors
CHAPTER FIVE - Determining the Sentence
Part A-Sentencing Table
Part B-Probation
§5B1.1. Imposition of a Term of Probation
§5B1.2. Term of Probation
§5B1.3. Conditions of Probation
§5B1.4. [Deleted]
Part C-Imprisonment
§5C1.1. Imposition of a Term of Imprisonment
§5C1.2. Limitation on Applicability of Statutory Minimum Sentences in Certain
Cases
Part D-Supervised Release
§5D1.1. Imposition of a Term of Supervised Release
§5D1.2. Term of Supervised Release
§5D1.3. Conditions of Supervised Release
Part E-Restitution, Fines, Assessments, Forfeitures
§5E1.1. Restitution
§5E1.2. Fines for Individual Defendants
§5E1.3. Special Assessments
§5E1.4. Forfeiture
§5E1.5. Costs of Prosecution (Policy Statement)
Part F-Sentencing Options
§5F1.1. Community Confinement
§5F1.2. Home Detention
§5F1.3. Community Service
§5F1.4. Order of Notice to Victims
§5F1.5. Occupational Restrictions
§5F1.6. Denial of Federal Benefits to Drug Traffickers and Possessors
§5F1.7. Shock Incarceration Program (Policy Statement)
Part G-Implementing the Total Sentence of Imprisonment
§5G1.1. Sentencing on a Single Count of Conviction
§5G1.2. Sentencing on Multiple Counts of Conviction
§5G1.3. Imposition of a Sentence on a Defendant Subject to an Undischarged Term of Imprisonment
Part H-Specific Offender Characteristics
§5H1.1. Age (Policy Statement)
§5H1.2. Education and Vocational Skills (Policy Statement)
§5H1.3. Mental and Emotional Conditions (Policy Statement)
§5H1.4. Physical Condition, Including Drug or Alcohol Dependence or Abuse;
Gambling Addiction (Policy Statement)
§5H1.5. Employment Record (Policy Statement)
§5H1.6. Family Ties and Responsibilities (Policy Statement)
§5H1.7. Role in the Offense (Policy Statement)
§5H1.8. Criminal History (Policy Statement)
§5H1.9. Dependence upon Criminal Activity for a Livelihood (Policy Statement)
§5H1.10. Race, Sex, National Origin, Creed, Religion, and Socio-Economic Status
(Policy Statement)
§5H1.11. Military, Civic, Charitable, or Public Service; Employment-Related
Contributions; Record of Prior Good Works (Policy Statement)
§5H1.12. Lack of Guidance as a Youth and Similar Circumstances (Policy
Statement)
Part I-[Not Used]
Part J-Relief From Disability
Part K-Departures
Substantial Assistance to Authorities
§5K1.1. Substantial Assistance to Authorities (Policy Statement)
§5K1.2. Refusal to Assist (Policy Statement)
Other Grounds for Departure
§5K2.0. Grounds for Departure (Policy Statement)
§5K2.1. Death (Policy Statement)
§5K2.2. Physical Injury (Policy Statement)
§5K2.3. Extreme Psychological Injury (Policy Statement)
§5K2.4. Abduction or Unlawful Restraint (Policy Statement)
§5K2.5. Property Damage or Loss (Policy Statement)
§5K2.6. Weapons and Dangerous Instrumentalities (Policy Statement)
§5K2.7. Disruption of Governmental Function (Policy Statement)
§5K2.8. Extreme Conduct (Policy Statement)
§5K2.9. Criminal Purpose (Policy Statement)
§5K2.10. Victim's Conduct (Policy Statement)
§5K2.11. Lesser Harms (Policy Statement)
§5K2.12. Coercion and Duress (Policy Statement)
§5K2.13. Diminished Capacity (Policy Statement)
§5K2.14. Public Welfare (Policy Statement)
§5K2.15. [Deleted]
§5K2.16. Voluntary Disclosure of Offense (Policy Statement)
§5K2.17. Semiautomatic Firearms Capable of Accepting Large Capacity Magazine
(Policy Statement)
§5K2.18. Violent Street Gangs (Policy Statement)
§5K2.19. Post-Sentencing Rehabilitative Efforts (Policy Statement)
§5K2.20. Aberrant Behavior (Policy Statement)
§5K2.21. Dismissed and Uncharged Conduct (Policy Statement)
§5K2.22. Specific Offender Characteristics as Grounds for Downward Departure in
Child Crimes and Sexual Offenses (Policy Statement)
§5K2.23. Discharged Terms of Imprisonment (Policy Statement)
§5K2.24.Commission of Offense While Wearing or Displaying Unauthorized or
Counterfeit Insignia or Uniform (Policy Statement)
Early Disposition Programs
§5K3.1. Early Disposition Programs (Policy Statement)
CHAPTER SIX - Sentencing Procedures, Plea Agreements and Crime Victims' Rights
Part A-Sentencing Procedures
§6A1.1. Presentence Report (Policy Statement)
§6A1.2. Disclosure of Presentence Report; Issues in Dispute (Policy Statement)
§6A1.3. Resolution of Disputed Factors (Policy Statement)
§6A1.4. Notice of Possible Departure (Policy Statement)
§6A1.5. Crime Victims’ Rights (Policy Statement)
Part B-Plea Agreements
§6B1.1. Plea Agreement Procedure (Policy Statement)
§6B1.2. Standards for Acceptance of Plea Agreements (Policy Statement)
§6B1.3. Procedure Upon Rejection of a Plea Agreement (Policy Statement)
§6B1.4. Stipulations (Policy Statement)
CHAPTER SEVEN - Violations of Probation and Supervised Release
Part A-Introduction to Chapter Seven
§§7A1.1 - 7A1.4. [Deleted]
Part B-Probation and Supervised Release Violations
§7B1.1. Classification of Violations (Policy Statement)
§7B1.2. Reporting of Violations of Probation and Supervised Release (Policy
Statement)
§7B1.3. Revocation of Probation or Supervised Release (Policy Statement)
§7B1.4. Term of Imprisonment (Policy Statement)
§7B1.5. No Credit for Time Under Supervision (Policy Statement)
CHAPTER EIGHT - Sentencing of Organizations
Part A-General Application Principles
§8A1.1. Applicability of Chapter Eight
§8A1.2. Application Instructions - Organizations
Part B-Remedying Harm from Criminal Conduct, and Effective Compliance and Ethics Program
Remedying Harm from Criminal Conduct
§8B1.1. Restitution - Organizations
§8B1.2. Remedial Orders - Organizations (Policy Statement)
§8B1.3. Community Service - Organizations (Policy Statement)
§8B1.4. Order of Notice to Victims - Organizations
Effective Compliance and Ethics Program
§8B2.1. Effective Compliance and Ethics Program
Part C-Fines
Determining the Fine - Criminal Purpose Organizations
§8C1.1. Determining the Fine - Criminal Purpose Organizations
Determining the Fine - Other Organizations
§8C2.1. Applicability of Fine Guidelines
§8C2.2. Preliminary Determination of Inability to Pay Fine
§8C2.3. Offense Level
§8C2.4. Base Fine
§8C2.5. Culpability Score
§8C2.6. Minimum and Maximum Multipliers
§8C2.7. Guideline Fine Range - Organizations
§8C2.8. Determining the Fine Within the Range (Policy Statement)
§8C2.9. Disgorgement
§8C2.10. Determining the Fine for Other Counts
Implementing the Sentence of a Fine
§8C3.1. Imposing a Fine
§8C3.2. Payment of the Fine - Organizations
§8C3.3. Reduction of Fine Based on Inability to Pay
§8C3.4. Fines Paid by Owners of Closely Held Organizations
Departures from the Guideline Fine Range
§8C4.1. Substantial Assistance to Authorities - Organizations (Policy Statement)
§8C4.2. Risk of Death or Bodily Injury (Policy Statement)
§8C4.3. Threat to National Security (Policy Statement)
§8C4.4. Threat to the Environment (Policy Statement)
§8C4.5. Threat to a Market (Policy Statement)
§8C4.6. Official Corruption (Policy Statement)
§8C4.7. Public Entity (Policy Statement)
§8C4.8. Members or Beneficiaries of the Organization as Victims (Policy
Statement)
§8C4.9. Remedial Costs that Greatly Exceed Gain (Policy Statement)
§8C4.10. Mandatory Programs to Prevent and Detect Violations of Law (Policy
Statement)
§8C4.11. Exceptional Organizational Culpability (Policy Statement)
Part D-Organizational Probation
§8D1.1. Imposition of Probation - Organizations
§8D1.2. Term of Probation - Organizations
§8D1.3. Conditions of Probation - Organizations
§8D1.4. Recommended Conditions of Probation - Organizations (Policy Statement)
§8D1.5. [Deleted]
Part E-Special Assessments, Forfeitures, and Costs
§8E1.1. Special Assessments - Organizations
§8E1.2. Forfeiture - Organizations
§8E1.3. Assessment of Costs - Organizations
Part F-Violations of Probation - Organizations
§8F1.1. Violations of Conditions of Probation - Organizations (Policy Statement)