CHAPTER TWO - OFFENSE CONDUCT


PART B - BASIC ECONOMIC OFFENSES


1.      THEFT, EMBEZZLEMENT, RECEIPT OF STOLEN PROPERTY, PROPERTY DESTRUCTION, AND OFFENSES INVOLVING FRAUD OR DECEIT


§2B1.6.     Aggravated Identity Theft 

(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.


Commentary

Statutory Provision:  18 U.S.C. § 1028A.  For additional statutory provision(s), see Appendix A (Statutory Index).

Application Notes:

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).