2005 Federal Sentencing Guidelines
Chapter 8 - PART C - FINES
§8C2.1. Applicability of Fine
Guidelines
The provisions of §§8C2.2 through 8C2.9 apply to each count for
which the applicable guideline offense level is determined under:
(a) §§2B1.1, 2B1.4, 2B2.3, 2B4.1, 2B5.3, 2B6.1;
§§2C1.1, 2C1.2, 2C1.6;
§§2D1.7, 2D3.1, 2D3.2;
§§2E3.1, 2E4.1, 2E5.1, 2E5.3;
§2G3.1;
§§2K1.1, 2K2.1;
§2L1.1;
§2N3.1;
§2R1.1;
§§2S1.1, 2S1.3;
§§2T1.1, 2T1.4, 2T1.6, 2T1.7, 2T1.8, 2T1.9, 2T2.1, 2T2.2, 2T3.1;
or
(b) §§2E1.1, 2X1.1, 2X2.1, 2X3.1, 2X4.1, with respect to cases in
which the offense level for the underlying offense is determined under one
of the guideline sections listed in subsection (a) above.
Commentary
Application Notes:
1. If the Chapter Two offense guideline for a count is listed in subsection
(a) or (b) above, and the applicable guideline results in the determination
of the offense level by use of one of the listed guidelines, apply the provisions
of §§8C2.2 through 8C2.9 to that count. For example, §§8C2.2
through 8C2.9 apply to an offense under §2K2.1 (an offense guideline listed
in subsection (a)), unless the cross reference in that guideline requires the
offense level to be determined under an offense guideline section not listed
in subsection (a).
2. If the Chapter Two offense guideline for a count is not listed in subsection
(a) or (b) above, but the applicable guideline results in the determination
of the offense level by use of a listed guideline, apply the provisions of §§8C2.2
through 8C2.9 to that count. For example, where the conduct set forth in a
count of conviction ordinarily referenced to §2N2.1 (an offense guideline
not listed in subsection (a)) establishes §2B1.1 (Theft, Property Destruction,
and Fraud) as the applicable offense guideline (an offense guideline listed
in subsection (a)), §§8C2.2 through 8C2.9 would apply because the
actual offense level is determined under §2B1.1 (Theft, Property Destruction,
and Fraud).
Background: The fine guidelines
of this subpart apply only to offenses covered by the guideline sections set
forth in subsection (a) above. For example, the provisions of §§8C2.2
through 8C2.9 do not apply to counts for which the applicable guideline offense
level is determined under Chapter Two, Part Q (Offenses Involving the Environment).
For such cases, §8C2.10 (Determining the Fine for Other Counts) is applicable.
Historical Note: Effective
November 1, 1991 (see Appendix
C, amendment 422). Amended effective November 1, 1992 (see Appendix
C, amendment 453); November 1, 1993 (see Appendix
C, amendment 496); November 1, 2001 (see Appendix
C, amendments 617, 619, and 634); November 1, 2005 (see Appendix
C, amendment 679).