2005 Federal Sentencing Guidelines
Chapter 2 - PART B - BASIC ECONOMIC OFFENSES
§2B1.6. Aggravated Identity
(a) If the defendant was convicted of violating 18 U.S.C. § 1028A, the
guideline sentence is the term of imprisonment required by statute. Chapters
Three (Adjustments) and Four (Criminal History and Criminal Livelihood) shall
not apply to that count of conviction.
Statutory Provision: 18 U.S.C. § 1028A.
For additional statutory provision(s), see Appendix
A (Statutory Index).
1. Imposition of Sentence.—
(A) In General.—Section
1028A of title 18, United State Code, provides a mandatory term of imprisonment.
Accordingly, the guideline sentence for a defendant convicted under 18 U.S.C. § 1028A
is the term required by that statute. Except as provided in subdivision (B),
18 U.S.C. § 1028A also requires a term of imprisonment imposed under
this section to run consecutively to any other term of imprisonment.
(B) Multiple Convictions Under
Section 1028A.—Section 1028A(b)(4) of title 18, United State
Code, provides that in the case of multiple convictions under 18 U.S.C. § 1028A,
the terms of imprisonment imposed on such counts may, in the discretion
of the court, run concurrently, in whole or in part, with each other. See the
Commentary to §5G1.2 (Sentencing on Multiple Counts of Conviction)
for guidance regarding imposition of sentence on multiple counts of 18
U.S.C. § 1028A.
2. Inapplicability of Chapter Two
Enhancement.—If a sentence under this guideline is imposed in
conjunction with a sentence for an underlying offense, do not apply any specific
offense characteristic for the transfer, possession, or use of a means of
identification when determining the sentence for the underlying offense.
A sentence under this guideline accounts for this factor for the underlying
offense of conviction, including any such enhancement that would apply based
on conduct for which the defendant is accountable under §1B1.3 (Relevant
Conduct). "Means of identification" has the meaning given that term in 18
U.S.C. § 1028(d)(7).
3. Inapplicability of Chapters Three
and Four.—Do not apply Chapters Three (Adjustments) and Four
(Criminal History and Criminal Livelihood) to any offense sentenced under
this guideline. Such offenses are excluded from application of those chapters
because the guideline sentence for each offense is determined only by the
relevant statute. See §§3D1.1
(Procedure for Determining Offense Level on Multiple Counts) and 5G1.2.
Historical Note: Effective
November 1, 2005 (see Appendix
C, amendment 677).