2021 Guidelines Manual Annotated

A Message from the Acting Chair

"As many of you know, since early 2019, the United States Sentencing Commission has been operating without the quorum of four voting members required by statute to promulgate amendments to the sentencing guidelines, policy statements, and commentary...

The Commission has received feedback indicating that hard copies of the 2018 Guidelines Manual are significantly worn and that there is a limited supply of new copies available. In addition, the Commission has identified the need to update Appendix B, the accompanying volume to the Guidelines Manual that compiles the principal statutory provisions governing sentencing, the Commission, and the drafting of sentencing guidelines. Congress has amended several of the statutory provisions contained in Appendix B since the Commission released the 2018 Guidelines Manual.

As acting chair of the Commission, I am pleased to transmit this edition of the Guidelines Manual..."

 

The 2021 edition contains:

  • a reprint of the guidelines, policy statements, and commentary contained in the 2018 Guidelines Manual;
  • an updated version of Appendix B (containing the principal statutory provisions governing sentencing, the Commission, and the drafting of sentencing guidelines as of August 1, 2021); and, 
  • a reprint of the 2018 version of the Supplement to Appendix C.
Full Manual
 

The 2021 Guidelines Manual is also available on the Guidelines App, a mobile-friendly web-based app that features additional tools to assist in understanding and applying the federal sentencing guidelines.

Guidelines App
 

 

Guidelines Manual Annotated

 

Use the   icon next to a provision to access a list of related amendments. The list is arranged in chronological order and provides hyperlinks to the full text of the amendments.

CHAPTER ONE - Introduction, Authority, and General Application Principles

Part A - Introduction and Authority

Part B - General Application Principles

CHAPTER TWO - Offense Conduct

PARTS A-C

Part A - Offenses Against the Person

  1. Homicide
    §2A1.1. First Degree Murder
    §2A1.2. Second Degree Murder
    §2A1.3. Voluntary Manslaughter
    §2A1.4. Involuntary Manslaughter
    §2A1.5. Conspiracy or Solicitation to Commit Murder
  2. Assault
    §2A2.1. Assault with Intent to Commit Murder; Attempted Murder
    §2A2.2. Aggravated Assault
    §2A2.3. Assault
    §2A2.4. Obstructing or Impeding Officers
  3. Criminal Sexual Abuse and Offenses Related to Registration as a Sex Offender
    §2A3.1. Criminal Sexual Abuse; Attempt to Commit Criminal Sexual Abuse
    §2A3.2. Criminal Sexual Abuse of a Minor Under the Age of Sixteen Years (Statutory Rape) or Attempt to Commit Such Acts
    §2A3.3. Criminal Sexual Abuse of a Ward or Attempt to Commit Such Acts
    §2A3.4. Abusive Sexual Contact or Attempt to Commit Abusive Sexual Contact
    §2A3.5. Failure to Register as a Sex Offender
    §2A3.6. Aggravated Offenses Relating to Registration as a Sex Offender
  4. Kidnapping, Abduction, or Unlawful Restraint
    §2A4.1. Kidnapping, Abduction, Unlawful Restraint
    §2A4.2. Demanding or Receiving Ransom Money
  5. Air Piracy and Offenses Against Mass Transportation Systems
    §2A5.1. Aircraft Piracy or Attempted Aircraft Piracy
    §2A5.2. Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle
    §2A5.3. Committing Certain Crimes Aboard Aircraft
  6. Threatening or Harassing Communications, Hoaxes, Stalking, and Domestic Violence
    §2A6.1. Threatening or Harassing Communications; Hoaxes; False Liens
    §2A6.2. Stalking or Domestic Violence

Part B - Basic Economic Offenses

Part C - Offenses Involving Public Officials and Violation of Federal Election Campaign Laws

Part D - Offenses Involving Drugs and Narco-Terrorism

  1. Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise
    §2D1.1. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy
    §2D1.2. Drug Offenses Occurring Near Protected Locations or Involving Underage or Pregnant Individuals; Attempt or Conspiracy
    §2D1.3. [Deleted]
    §2D1.4. [Deleted]
    §2D1.5. Continuing Criminal Enterprise; Attempt or Conspiracy
    §2D1.6. Use of Communication Facility in Committing Drug Offense; Attempt or Conspiracy
    §2D1.7. Unlawful Sale or Transportation of Drug Paraphernalia; Attempt or Conspiracy
    §2D1.8. Renting or Managing a Drug Establishment; Attempt or Conspiracy
    §2D1.9. Placing or Maintaining Dangerous Devices on Federal Property to Protect the Unlawful Production of Controlled Substances; Attempt or Conspiracy
    §2D1.10. Endangering Human Life While Illegally Manufacturing a Controlled Substance; Attempt or Conspiracy
    §2D1.11. Unlawfully Distributing, Importing, Exporting or Possessing a Listed Chemical; Attempt or Conspiracy
    §2D1.12. Unlawful Possession, Manufacture, Distribution, Transportation, Exportation, or Importation of Prohibited Flask, Equipment, Chemical, Product, or Material; Attempt or Conspiracy
    §2D1.13. Structuring Chemical Transactions or Creating a Chemical Mixture to Evade Reporting or Recordkeeping Requirements; Presenting False or Fraudulent Identification to Obtain a Listed Chemical; Attempt or Conspiracy
    §2D1.14. Narco-Terrorism
  2. Unlawful Possession
    §2D2.1. Unlawful Possession; Attempt or Conspiracy
    §2D2.2. Acquiring a Controlled Substance by Forgery, Fraud, Deception, or Subterfuge; Attempt or Conspiracy
    §2D2.3. Operating or Directing the Operation of a Common Carrier Under the Influence of Alcohol or Drugs
  3. Regulatory Violations
    §2D3.1. Regulatory Offenses Involving Registration Numbers; Unlawful Advertising Relating to Schedule I Substances; Attempt or Conspiracy
    §2D3.2. Regulatory Offenses Involving Controlled Substances or Listed Chemicals; Attempt or Conspiracy
    §2D3.3. [Deleted]
    §2D3.4. [Deleted]
    §2D3.5. [Deleted]

PARTS E - K

Part E - Offenses Involving Criminal Enterprises and Racketeering

Part F - [Deleted]

Part G - Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity

  1. Promoting a Commercial Sex Act or Prohibited Sexual Conduct
    §2G1.1. Promoting a Commercial Sex Act or Prohibited Sexual Conduct with an Individual Other than a Minor
    §2G1.2. [Deleted]
    §2G1.3. Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor
  2. Sexual Exploitation of a Minor
    §2G2.1. Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production
    §2G2.2.Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic, Possessing Material Involving the Sexual Exploitation of a Minor
    §2G2.3. Selling or Buying of Children for Use in the Production of Pornography
    §2G2.4. [Deleted]
    §2G2.5. Recordkeeping Offenses Involving the Production of Sexually Explicit Materials; Failure to Provide Required Marks in Commercial Electronic Email
    §2G2.6. Child Exploitation Enterprises
  3. Obscenity
    §2G3.1. Importing, Mailing, or Transporting Obscene Matter; Transferring Obscene Matter to a Minor; Misleading Domain Names
    §2G3.2. Obscene Telephone Communications for a Commercial Purpose; Broadcasting Obscene Material

Part H - Offenses Involving Individual Rights

Part I - [Not Used]

Part J - Offenses Involving the Administration of Justice

Part K - Offenses Involving Public Safety

PARTS L - X

Part L - Offenses Involving Immigration, Naturalization, and Passports

Part M - Offenses Involving National Defense and Weapons of Mass Destruction

  1. Treason
    §2M1.1. Treason
  2. Sabotage
    §2M2.1. Destruction of, or Production of Defective, War Material, Premises, or Utilities
    §2M2.2. [Deleted]
    §2M2.3. Destruction of, or Production of Defective, National Defense Material, Premises, or Utilities
    §2M2.4. [Deleted]
  3. Espionage and Related Offenses
    §2M3.1. Gathering or Transmitting National Defense Information to Aid a Foreign Government
    §2M3.2. Gathering National Defense Information
    §2M3.3.Transmitting National Defense Information; Disclosure of Classified Cryptographic Information; Unauthorized Disclosure to a Foreign Government or a Communist Organization of Classified Information by Government Employee; Unauthorized Receipt of Classified Information
    §2M3.4. Losing National Defense Information
    §2M3.5. Tampering with Restricted Data Concerning Atomic Energy
    §2M3.6. [Deleted]
    §2M3.7. [Deleted]
    §2M3.8. [Deleted]
    §2M3.9. Disclosure of Information Identifying a Covert Agent
  4. Evasion of Military Service
    §2M4.1. Failure to Register and Evasion of Military Service
  5. Prohibited Financial Transactions and Exports, and Providing Material Support to Designated Foreign Terrorist Organizations
    §2M5.1. Evasion of Export Controls; Financial Transactions with Countries Supporting International Terrorism
    §2M5.2. Exportation of Arms, Munitions, or Military Equipment or Services Without Required Validated Export License
    §2M5.3 Providing Material Support or Resources to Designated Foreign Terrorist Organizations or Specially Designated Global Terrorists, or For a Terrorist Purpose
  6. Nuclear, Biological, and Chemical Weapons and Materials, and Other Weapons of Mass Destruction
    §2M6.1. Unlawful Activity Involving Nuclear Material, Weapons, or Facilities, Biological Agents, Toxins, or Delivery Systems, Chemical Weapons, or Other Weapons of Mass Destruction; Attempt or Conspiracy
    §2M6.2. Violation of Other Federal Atomic Energy Agency Statutes, Rules, and Regulations

Part N - Offenses Involving Food, Drugs, Agricultural Products, and Odometer Laws

Part O - [Not Used]

Part P - Offenses Involving Prisons and Correctional Facilities

Part Q - Offenses Involving the Environment

Part R - Antitrust Offenses

Part S - Money Laundering and Monetary Transaction Reporting

Part T - Offenses Involving Taxation

Part U - [Not Used]

Part V - [Not Used]

Part W - [Not Used]

Part X - Other Offenses

Part Y - [Not Used]

Part Z - [Not Used]

CHAPTER THREE - Adjustments

Part A - Victim-Related Adjustments

Part B - Role in the Offense

Part C - Obstruction and Related Adjustments

Part D - Multiple Counts

Part E - Acceptance of Responsibility

CHAPTER FOUR - Criminal History and Criminal Livelihood

Part A - Criminal History

Part B - Career Offenders and Criminal Livelihood

CHAPTER FIVE - Determining the Sentence

Part A - Sentencing Table

Part B - Probation

Part C - Imprisonment

Part D - Supervised Release

Part E - Restitution, Fines, Assessments, Forfeitures

Part F - Sentencing Options

Part G - Implementing the Total Sentence of Imprisonment

Part H - Specific Offender Characteristics

Part I - [Not Used]

Part J - Relief From Disability

Part K - Departures

  1. Substantial Assistance to Authorities
    §5K1.1. Substantial Assistance to Authorities (Policy Statement)
    §5K1.2. Refusal to Assist (Policy Statement)
  2. Other Grounds for Departure
    §5K2.0. Grounds for Departure (Policy Statement)
    §5K2.1. Death (Policy Statement)
    §5K2.2. Physical Injury (Policy Statement)
    §5K2.3. Extreme Psychological Injury (Policy Statement)
    §5K2.4. Abduction or Unlawful Restraint (Policy Statement)
    §5K2.5. Property Damage or Loss (Policy Statement)
    §5K2.6. Weapons and Dangerous Instrumentalities (Policy Statement)
    §5K2.7. Disruption of Governmental Function (Policy Statement)
    §5K2.8. Extreme Conduct (Policy Statement)
    §5K2.9. Criminal Purpose (Policy Statement)
    §5K2.10. Victim's Conduct (Policy Statement)
    §5K2.11. Lesser Harms (Policy Statement)
    §5K2.12. Coercion and Duress (Policy Statement)
    §5K2.13. Diminished Capacity (Policy Statement)
    §5K2.14. Public Welfare (Policy Statement)
    §5K2.15. [Deleted]
    §5K2.16. Voluntary Disclosure of Offense (Policy Statement)
    §5K2.17. Semiautomatic Firearms Capable of Accepting Large Capacity Magazine (Policy Statement)
    §5K2.18. Violent Street Gangs (Policy Statement)
    §5K2.19. [Deleted]
    §5K2.20. Aberrant Behavior (Policy Statement)
    §5K2.21. Dismissed and Uncharged Conduct (Policy Statement)
    §5K2.22. Specific Offender Characteristics as Grounds for Downward Departure in Child Crimes and Sexual Offenses (Policy Statement)
    §5K2.23. Discharged Terms of Imprisonment (Policy Statement)
    §5K2.24.Commission of Offense While Wearing or Displaying Unauthorized or Counterfeit Insignia or Uniform (Policy Statement)
  3. Early Disposition Programs
    §5K3.1. Early Disposition Programs (Policy Statement)

CHAPTER SIX - Sentencing Procedures, Plea Agreements and Crime Victims' Rights

Part A - Sentencing Procedures

Part B - Plea Agreements

CHAPTER SEVEN - Violations of Probation and Supervised Release

Part A - Introduction to Chapter Seven

Part B - Probation and Supervised Release Violations

CHAPTER EIGHT - Sentencing of Organizations

Part A - General Application Principles

Part B - Remedying Harm from Criminal Conduct, and Effective Compliance and Ethics Program

Part C - Fines

  1. Determining the Fine - Criminal Purpose Organizations
    §8C1.1. Determining the Fine - Criminal Purpose Organizations
  2. Determining the Fine - Other Organizations
    §8C2.1. Applicability of Fine Guidelines
    §8C2.2. Preliminary Determination of Inability to Pay Fine
    §8C2.3. Offense Level
    §8C2.4. Base Fine
    §8C2.5. Culpability Score
    §8C2.6. Minimum and Maximum Multipliers
    §8C2.7. Guideline Fine Range - Organizations
    §8C2.8. Determining the Fine Within the Range (Policy Statement)
    §8C2.9. Disgorgement
    §8C2.10. Determining the Fine for Other Counts
  3. Implementing the Sentence of a Fine
    §8C3.1. Imposing a Fine
    §8C3.2. Payment of the Fine - Organizations
    §8C3.3. Reduction of Fine Based on Inability to Pay
    §8C3.4. Fines Paid by Owners of Closely Held Organizations
  4. Departures from the Guideline Fine Range
    §8C4.1. Substantial Assistance to Authorities - Organizations (Policy Statement)
    §8C4.2. Risk of Death or Bodily Injury (Policy Statement)
    §8C4.3. Threat to National Security (Policy Statement)
    §8C4.4. Threat to the Environment (Policy Statement)
    §8C4.5. Threat to a Market (Policy Statement)
    §8C4.6. Official Corruption (Policy Statement)
    §8C4.7. Public Entity (Policy Statement)
    §8C4.8. Members or Beneficiaries of the Organization as Victims (Policy Statement)
    §8C4.9. Remedial Costs that Greatly Exceed Gain (Policy Statement)
    §8C4.10. Mandatory Programs to Prevent and Detect Violations of Law (Policy Statement)
    §8C4.11. Exceptional Organizational Culpability (Policy Statement)

Part D - Organizational Probation

Part E - Special Assessments, Forfeitures, and Costs

Part F - Violations of Probation - Organizations

Appendix A