Checklist for Multiple Count Groupings (§3D1.2)

For analysis of multiple count grouping, it may be useful to proceed in the following order:

A. Exclude counts for which the statute mandates imposition of a consecutive sentence. See §3D1.1(b).
B. Group all appropriate counts according to Rule (d). Complete only one Worksheet A for offenses of the same general type. Add the enhancements based on the total dollar/property loss or total drug amount.
C. Group all counts involving an attempt, conspiracy, or solicitation and a substantive count that was the sole object of the attempt, conspiracy, or solicitation according to Rules (a) and (b). Complete only one Worksheet A using the offense level from the substantive count.
D. Complete a separate Worksheet A for all remaining counts.
E. Group counts in which the guideline for one count takes into consideration behavior cited in another count according to Rule (c).
F. Group counts in which the victim is the same and substantially the same harm results.
  • Group counts in which the victim is the same and the criminal conduct represents a single act or transaction according to Rule (a).
  • Group counts in which the victim is the same and the criminal conduct represents two or more acts or transactions connected by a common criminal objective or is part of a common scheme or plan according to Rule (b).
G. Complete a Worksheet B to reach a combined adjusted offense level.