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




Part A-Offenses Against the Person


§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


§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



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]



Part E-Offenses Involving Criminal Enterprises and 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


§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


§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]


§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



Part L-Offenses Involving Immigration, Naturalization, and Passports

§2L1.1. Smuggling, Transporting, or Harboring an Unlawful Alien
§2L1.2.Unlawfully Entering or Remaining in the United States


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

§2M1.1. Treason


§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

§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



§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

 §5J1.1. Relief from Disability Pertaining to Convicted Persons Prohibited from Holding Certain Positions (Policy Statement)


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



Resolution of Major Issues

The Basic Approach

A Concluding Note

§§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)