2005 Federal Sentencing Guidelines
Chapter 2 - PART B - BASIC ECONOMIC OFFENSES
§2B2.1. Burglary of a Residence
or a Structure Other than a Residence
(a) Base Offense Level:
(1) 17, if a residence; or
(2) 12, if a structure other than
a residence.
(b) Specific Offense Characteristics
(1) If the offense involved more than minimal planning, increase by 2 levels.
(2) If the loss exceeded $2,500, increase the offense level as follows:
|
Loss (Apply the Greatest) |
Increase in Level |
(A) |
$2,500 or less |
no increase |
(B) |
More than $2,500 |
add 1 |
(C) |
More than $10,000 |
add 2 |
(D) |
More than $50,000 |
add 3 |
(E) |
More than $250,000 |
add 4 |
(F) |
More than $800,000 |
add 5 |
(G) |
More than $1,500,000 |
add 6 |
(H) |
More than $2,500,000 |
add 7 |
(I) |
More than $5,000,000 |
add 8. |
(3) If a firearm, destructive device, or controlled substance was taken,
or if the taking of such item was an object of the offense, increase by 1 level.
(4) If a dangerous weapon (including a firearm) was possessed, increase
by 2 levels.
Commentary
Statutory Provisions: 18
U.S.C. §§ 1153, 2113(a), 2115, 2117, 2118(b). For additional statutory
provision(s), see Appendix
A (Statutory Index).
Application Notes:
1. "Firearm," "destructive device," and "dangerous weapon" are defined in
the Commentary to §1B1.1 (Application Instructions).
2. "Loss" means the value of the property taken, damaged, or destroyed.
3. Subsection (b)(4) does not apply to possession of a dangerous weapon (including
a firearm) that was stolen during the course of the offense.
4. More than Minimal Planning.—"More
than minimal planning" means more planning than is typical for commission of
the offense in a simple form. "More than minimal planning" also exists if
significant affirmative steps were taken to conceal the offense, other than
conduct to which §3C1.1 (Obstructing or Impeding the Administration of
Justice) applies. "More than minimal planning" shall be considered to be present
in any case involving repeated acts over a period of time, unless it is clear
that each instance was purely opportune. For example, checking the area to
make sure no witnesses were present would not alone constitute more than minimal
planning. By contrast, obtaining building plans to plot a particular course
of entry, or disabling an alarm system, would constitute more than minimal
planning.
Background: The base offense
level for residential burglary is higher than for other forms of burglary because
of the increased risk of physical and psychological injury. Weapon possession,
but not use, is a specific offense characteristic because use of a weapon (including
to threaten) ordinarily would make the offense robbery. Weapon use would be
a ground for upward departure.
Historical Note: Effective
November 1, 1987. Amended effective January 15, 1988 (see Appendix
C, amendment 11); June 15, 1988 (see Appendix
C, amendment 12); November 1, 1989 (see Appendix
C, amendments 105 and 106); November 1, 1990 (see Appendix
C, amendments 315 and 361); November 1, 1993 (see Appendix
C, amendment 481); November 1, 2001 (see Appendix
C, amendment 617).