CHAPTER THREE - ADJUSTMENTS


PART B - ROLE IN THE OFFENSE


§3B1.4.     Using a Minor To Commit a Crime

If the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase by 2 levels.


Commentary

Application Notes:

1.      "Used or attempted to use" includes directing, commanding, encouraging, intimidating, counseling, training, procuring, recruiting, or soliciting.

2.      Do not apply this adjustment if the Chapter Two offense guideline incorporates this factor.  For example, if the defendant receives an enhancement under §2D1.1(b)(14)(B) for involving an individual less than 18 years of age in the offense, do not apply this adjustment.

3.      If the defendant used or attempted to use more than one person less than eighteen years of age, an upward departure may be warranted.

Historical Note:  Effective November 1, 1995 (see Appendix C, amendment 527).  Amended effective November 1, 1996 (see Appendix C, amendment 540); November 1, 2010 (see Appendix C, amendment 748); November 1, 2011 (see Appendix C, amendment 750).  A former §3B1.4 (untitled), effective November 1, 1987, amended effective November 1, 1989 (see Appendix C, amendment 303), was deleted effective November 1, 1995 (see Appendix C, amendment 527).