2005 Federal Sentencing Guidelines
Chapter 2 - PART A - OFFENSES AGAINST THE
§2A2.1. Assault with Intent
to Commit Murder; Attempted Murder
(a) Base Offense Level:
(1) 33, if the object of the offense
would have constituted first degree murder; or
(2) 27, otherwise.
(b) Specific Offense Characteristics
(1) If (A) the victim sustained permanent or life-threatening bodily injury,
increase by 4 levels; (B) the victim
sustained serious bodily injury, increase by 2 levels;
or (C) the degree of injury is between that specified in subdivisions (A)
and (B), increase by 3 levels.
(2) If the offense involved the offer or the receipt of anything of pecuniary
value for undertaking the murder, increase by 4 levels.
Statutory Provisions: 18
U.S.C. §§ 113(a)(1), 351(c), 1113, 1116(a), 1751(c), 1993(a)(6).
For additional statutory provision(s), see Appendix
A (Statutory Index).
purposes of this guideline:
"First degree murder" means conduct that, if committed within the special
maritime and territorial jurisdiction of the United States, would constitute
first degree murder under 18 U.S.C. § 1111.
"Permanent or life-threatening bodily injury" and "serious bodily injury" have
the meaning given those terms in Application Note 1 of the Commentary to §1B1.1
2. Upward Departure Provision.—If
the offense created a substantial risk of death or serious bodily injury to
more than one person, an upward departure may be warranted.
Background: This section
applies to the offenses of assault with intent to commit murder and attempted
murder. An attempted manslaughter, or assault with intent to commit manslaughter,
is covered under
§2A2.2 (Aggravated Assault).
Historical Note: Effective
November 1, 1987. Amended effective November 1, 1989 (see Appendix
C, amendments 83 and 84); November 1, 1990 (see Appendix
C, amendment 311); November 1, 1991 (see Appendix
C, amendment 391); November 1, 1995 (see Appendix
C, amendment 534); November 1, 2002 (see Appendix
C, amendment 637); November 1, 2004 (see Appendix
C, amendment 663).