AMENDMENT 838
Amendment: Section 2B1.1(b)(1) is amended by striking the following:
“If the loss exceeded $6,500, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $6,500 or less | no increase |
| (B) | More than $6,500 | add 2 |
| (C) | More than $15,000 | add 4 |
| (D) | More than $40,000 | add 6 |
| (E) | More than $95,000 | add 8 |
| (F) | More than $150,000 | add 10 |
| (G) | More than $250,000 | add 12 |
| (H) | More than $550,000 | add 14 |
| (I) | More than $1,500,000 | add 16 |
| (J) | More than $3,500,000 | add 18 |
| (K) | More than $9,500,000 | add 20 |
| (L) | More than $25,000,000 | add 22 |
| (M) | More than $65,000,000 | add 24 |
| (N) | More than $150,000,000 | add 26 |
| (O) | More than $250,000,000 | add 28 |
| (P) | More than $550,000,000 | add 30."; |
and inserting the following:
“If the loss exceeded $9,000, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $9,000 or less | no increase |
| (B) | More than $9,000 | add 2 |
| (C) | More than $20,000 | add 4 |
| (D) | More than $55,000 | add 6 |
| (E) | More than $150,000 | add 8 |
| (F) | More than $200,000 | add 10 |
| (G) | More than $350,000 | add 12 |
| (H) | More than $750,000 | add 14 |
| (I) | More than $2,000,000 | add 16 |
| (J) | More than $5,000,000 | add 18 |
| (K) | More than $15,000,000 | add 20 |
| (L) | More than $35,000,000 | add 22 |
| (M) | More than $90,000,000 | add 24 |
| (N) | More than $200,000,000 | add 26 |
| (O) | More than $350,000,000 | add 28 |
| (P) | More than $750,000,000 | add 30.". |
Section 2B1.4(b)(1) is amended by striking “$6,500” and inserting “$9,000”.
Section 2B1.5(b)(1) is amended by striking “If the value of the cultural heritage resource or paleontological resource (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the value of the cultural heritage resource or paleontological resource (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2B2.1(b)(2) is amended by striking the following:
“If the loss exceeded $5,000, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $5,000 or less | no increase |
| (B) | More than $5,000 | add 1 |
| (C) | More than $20,000 | add 2 |
| (D) | More than $95,000 | add 3 |
| (E) | More than $500,000 | add 4 |
| (F) | More than $1,500,000 | add 5 |
| (G) | More than $3,000,000 | add 6 |
| (H) | More than $5,000,000 | add 7 |
| (I) | More than $9,500,000 | add 8.”; |
and inserting the following:
“If the loss exceeded $7,000, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $7,000 or less | no increase |
| (B) | More than $7,000 | add 1 |
| (C) | More than $25,000 | add 2 |
| (D) | More than $150,000 | add 3 |
| (E) | More than $700,000 | add 4 |
| (F) | More than $2,000,000 | add 5 |
| (G) | More than $4,000,000 | add 6 |
| (H) | More than $7,000,000 | add 7 |
| (I) | More than $15,000,000 | add 8.”. |
Section 2B3.1(b)(7) is amended by striking the following:
“If the loss exceeded $20,000, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $20,000 or less | no increase |
| (B) | More than $20,000 | add 1 |
| (C) | More than $95,000 | add 2 |
| (D) | More than $500,000 | add 3 |
| (E) | More than $1,500,000 | add 4 |
| (F) | More than $3,000,000 | add 5 |
| (G) | More than $5,000,000 | add 6 |
| (H) | More than $9,500,000 | add 7.”; |
and inserting the following:
“If the loss exceeded $25,000, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $25,000 or less | no increase |
| (B) | More than $25,000 | add 1 |
| (C) | More than $150,000 | add 2 |
| (D) | More than $700,000 | add 3 |
| (E) | More than $2,000,000 | add 4 |
| (F) | More than $4,000,000 | add 5 |
| (G) | More than $7,000,000 | add 6 |
| (H) | More than $15,000,000 | add 7.”. |
Section 2B3.2(b)(2) is amended by striking “$20,000” and inserting “$25,000”.
Section 2B3.3(b)(1) is amended by striking “If the greater of the amount obtained or demanded (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the greater of the amount obtained or demanded (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2B4.1(b)(1) is amended by striking “If the greater of the value of the bribe or the improper benefit to be conferred (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the greater of the value of the bribe or the improper benefit to be conferred (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2B5.1(b)(1) is amended by striking “If the face value of the counterfeit items (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the face value of the counterfeit items (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2B5.3(b)(1) is amended by striking “If the infringement amount (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the infringement amount (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2B6.1(b)(1) is amended by striking “If the retail value of the motor vehicles or parts (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the retail value of the motor vehicles or parts (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2C1.1(b)(2) is amended by striking “$6,500” and inserting “$9,000”.
Section 2C1.2(b)(2) is amended by striking “$6,500” and inserting “$9,000”.
Section 2C1.8(b)(1) is amended by striking “$6,500” and inserting “$9,000”.
Section 2E5.1(b)(2) is amended by striking “If the value of the prohibited payment or the value of the improper benefit to the payer, whichever is greater (A) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (B) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the value of the prohibited payment or the value of the improper benefit to the payer, whichever is greater (A) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (B) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2Q2.1(b)(3)(A) is amended by striking “If the market value of the fish, wildlife, or plants (i) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (ii) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount” and inserting “If the market value of the fish, wildlife, or plants (i) exceeded $3,500 but did not exceed $9,000, increase by 1 level; or (ii) exceeded $9,000, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount”.
Section 2R1.1(b)(2) is amended by striking the following:
“If the volume of commerce attributable to the defendant was more than $1,000,000, adjust the offense level as follows:
| Volume of Commerce (Apply the Greatest) | Adjustment to Offense Level | |
| (A) | More than $1,000,000 | add 2 |
| (B) | More than $10,000,000 | add 4 |
| (C) | More than $50,000,000 | add 6 |
| (D) | More than $100,000,000 | add 8 |
| (E) | More than $300,000,000 | add 10 |
| (F) | More than $600,000,000 | add 12 |
| (G) | More than $1,200,000,000 | add 14 |
| (H) | More than $1,850,000,000 | add 16.”; |
and inserting the following:
“If the volume of commerce attributable to the defendant was more than $1,500,000, adjust the offense level as follows:
| Volume of Commerce (Apply the Greatest) | Adjustment to Offense Level | |
| (A) | More than $1,500,000 | add 2 |
| (B) | More than $15,000,000 | add 4 |
| (C) | More than $700,000,000 | add 6 |
| (D) | More than $150,000,000 | add 8 |
| (E) | More than $400,000,000 | add 10 |
| (F) | More than $800,000,000 | add 12 |
| (G) | More than $1,650,000,000 | add 14 |
| (H) | More than $2,500,000,000 | add 16.”. |
Section 2T3.1(a) is amended—
in paragraph (1) by striking “$1,500” and inserting “$2,000”;
in paragraph (2) by striking “$200” and inserting “$300”; and by striking “$1,500” and inserting “$2,000”;
and in paragraph (3) by striking “$200” and inserting “$300”.
Section 2T4.1 is amended by striking the following:
| “Tax Loss (Apply the Greatest) | Offense Level | |
| (A) | $2,500 or less | 6 |
| (B) | More than $2,500 | 8 |
| (C) | More than $6,500 | 10 |
| (D) | More than $15,000 | 12 |
| (E) | More than $40,000 | 14 |
| (F) | More than $100,000 | 16 |
| (G) | More than $250,000 | 18 |
| (H) | More than $550,000 | 20 |
| (I) | More than $1,500,000 | 22 |
| (J) | More than $3,500,000 | 24 |
| (K) | More than $9,500,000 | 26 |
| (L) | More than $25,000,000 | 28 |
| (M) | More than $65,000,000 | 30 |
| (N) | More than $150,000,000 | 32 |
| (O) | More than $250,000,000 | 34 |
| (P) | More than $550,000,000 | 36.”; |
and inserting the following:
| “Tax Loss (Apply the Greatest) | Offense Level | |
| (A) | $3,500 or less | 6 |
| (B) | More than $3,500 | 8 |
| (C) | More than $9,000 | 10 |
| (D) | More than $20,000 | 12 |
| (E) | More than $55,000 | 14 |
| (F) | More than $150,000 | 16 |
| (G) | More than $350,000 | 18 |
| (H) | More than $750,000 | 20 |
| (I) | More than $2,000,000 | 22 |
| (J) | More than $5,000,000 | 24 |
| (K) | More than $15,000,000 | 26 |
| (L) | More than $35,000,000 | 28 |
| (M) | More than $90,000,000 | 30 |
| (N) | More than $200,000,000 | 32 |
| (O) | More than $350,000,000 | 34 |
| (P) | More than $750,000,000 | 36.”. |
Section 5E1.2 is amended—
in subsection (c)(3) by striking the following:
| “Fine Table | ||
| Offense Level | A Minimum | B Maximum |
| 3 and below | $200 | $9,500 |
| 4–5 | $500 | $9,500 |
| 6–7 | $1,000 | $9,500 |
| 8–9 | $2,000 | $20,000 |
| 10–11 | $4,000 | $40,000 |
| 12–13 | $5,500 | $55,000 |
| 14–15 | $7,500 | $75,000 |
| 16–17 | $10,000 | $95,000 |
| 18–19 | $10,000 | $100,000 |
| 20–22 | $15,000 | $150,000 |
| 23–25 | $20,000 | $200,000 |
| 26–28 | $25,000 | $250,000 |
| 29–31 | $30,000 | $300,000 |
| 32–34 | $35,000 | $350,000 |
| 35–37 | $40,000 | $400,000 |
| 38 and above | $50,000 | $500,000.”; |
and inserting the following:
| “Fine Table | ||
| Offense Level | A Minimum | B Maximum |
| 3 and below | $300 | $15,000 |
| 4–5 | $700 | $15,000 |
| 6–7 | $1,500 | $15,000 |
| 8–9 | $2,500 | $25,000 |
| 10–11 | $5,500 | $55,000 |
| 12–13 | $7,500 | $75,000 |
| 14–15 | $10,000 | $100,000 |
| 16–17 | $15,000 | $150,000 |
| 18–19 | $15,000 | $150,000 |
| 20–22 | $20,000 | $200,000 |
| 23–25 | $25,000 | $250,000 |
| 26–28 | $35,000 | $350,000 |
| 29–31 | $40,000 | $400,000 |
| 32–34 | $50,000 | $500,000 |
| 35–37 | $55,000 | $550,000 |
| 38 and above | $70,000 | $700,000.”; |
and in subsection (h)—
in the heading by striking “Instruction” and inserting “Instructions”;
and by inserting at the end the following new paragraph (2):
“(2) For offenses committed on or after November 1, 2015 but prior to November 1, 2026, use the applicable fine guideline range that was set forth in the version of §5E1.2(c) that was in effect on November 1, 2025, rather than the applicable fine guideline range set forth in subsection (c) above.”.
Section 8C2.4 is amended—
in subsection (d) by striking the following:
| “Offense Level | Amount |
| 6 or less | $8,500 |
| 7 | $15,000 |
| 8 | $15,000 |
| 9 | $25,000 |
| 10 | $35,000 |
| 11 | $50,000 |
| 12 | $70,000 |
| 13 | $100,000 |
| 14 | $150,000 |
| 15 | $200,000 |
| 16 | $300,000 |
| 17 | $450,000 |
| 18 | $600,000 |
| 19 | $850,000 |
| 20 | $1,000,000 |
| 21 | $1,500,000 |
| 22 | $2,000,000 |
| 23 | $3,000,000 |
| 24 | $3,500,000 |
| 25 | $5,000,000 |
| 26 | $6,500,000 |
| 27 | $8,500,000 |
| 28 | $10,000,000 |
| 29 | $15,000,000 |
| 30 | $20,000,000 |
| 31 | $25,000,000 |
| 32 | $30,000,000 |
| 33 | $40,000,000 |
| 34 | $50,000,000 |
| 35 | $65,000,000 |
| 36 | $80,000,000 |
| 37 | $100,000,000 |
| 38 or more | $150,000,000.”; |
and inserting the following:
| “Offense Level | Amount |
| 6 or less | $10,000 |
| 7 | $20,000 |
| 8 | $20,000 |
| 9 | $35,000 |
| 10 | $50,000 |
| 11 | $70,000 |
| 12 | $95,000 |
| 13 | $150,000 |
| 14 | $200,000 |
| 15 | $250,000 |
| 16 | $400,000 |
| 17 | $600,000 |
| 18 | $800,000 |
| 19 | $1,000,000 |
| 20 | $1,500,000 |
| 21 | $2,000,000 |
| 22 | $2,500,000 |
| 23 | $4,000,000 |
| 24 | $5,000,000 |
| 25 | $7,000,000 |
| 26 | $9,000,000 |
| 27 | $10,000,000 |
| 28 | $15,000,000 |
| 29 | $20,000,000 |
| 30 | $25,000,000 |
| 31 | $35,000,000 |
| 32 | $40,000,000 |
| 33 | $55,000,000 |
| 34 | $70,000,000 |
| 35 | $90,000,000 |
| 36 | $100,000,000 |
| 37 | $150,000,000 |
| 38 or more | $200,000,000.”; |
and in subsection (e)—
in the heading by striking “Instruction” and inserting “Instructions”;
and by inserting at the end the following new paragraph (2):
“(2) For offenses committed on or after November 1, 2015 but prior to November 1, 2026, use the offense level fine table that was set forth in the version of §8C2.4(d) that was in effect on November 1, 2025, rather than the offense level fine table set forth in subsection (d) above.”.
Reason for Amendment: This amendment makes adjustments to the monetary tables in §§2B1.1 (Theft, Property, Destruction, and Fraud), 2B2.1 (Burglary), 2B3.1 (Robbery), 2R1.1 (Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors), 2T4.1 (Tax Table), 5E1.2 (Fines for Individual Defendants), and 8C2.4 (Base Fine) to account for inflation. These provisions were last revised to account for inflation in 2015. See USSG App. C, amend. 791 (effective Nov. 1, 2015). The amendment adjusts the monetary tables and values in the guidelines using a specific multiplier derived from the Bureau of Labor Statistics’ Consumer Price Index and rounds, using a set of rules extrapolated from the provisions for adjusting monetary penalties for inflation set forth in section 5(a) of the Federal Civil Penalties Inflation Adjustment Act of 1990. This is the same methodology the Commission employed in 2015 and rounds the values using the following approach:
● amounts greater than $100,000,000 to the nearest multiple of $50,000,000;
● amounts greater than $10,000,000 to the nearest multiple of $5,000,000;
● amounts greater than $1,000,000 to the nearest multiple of $500,000;
● amounts greater than $100,000 to the nearest multiple of $50,000;
● amounts greater than $10,000 to the nearest multiple of $5,000;
● amounts greater than $1,000 to the nearest multiple of $500; and
● amounts of $1,000 or less to the nearest multiple of $50.
The amendment adjusts for inflation the monetary value in specific offense characteristics in other Chapter Two guidelines—§§2B1.4, 2B1.5, 2B2.3, 2B3.2, 2B3.3, 2B4.1, 2B5.1, 2B5.3, 2B6.1, 2C1.1, 2C1.2, 2C1.8, 2E5.1, 2Q2.1, and 2T3.1—and includes conforming changes to guidelines that refer to the monetary tables.
The amendment adjusts each table based on inflationary changes since 2014 ($1.00 in 2014 = $1.36 in 2025), the year each monetary table was last adjusted for inflation.
Congress has generally mandated that agencies in the executive branch adjust the civil monetary penalties they impose to account for inflation using the Bureau of Labor Statistics’ Consumer Price Index. See 28 U.S.C. § 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990). Although the Commission’s work does not involve civil monetary penalties, the Commission does establish appropriate sentences for categories of offenses and individuals convicted of federal crimes, including appropriate amounts for criminal fines.
Due to inflationary changes, there has been a gradual decrease in the value of the dollar over time. As a result, monetary losses in current offenses reflect, to some degree, a lower degree of harm and culpability than equivalent amounts when the monetary tables were last substantively amended. Similarly, the fine levels recommended by the guidelines are lower in value than when they were last adjusted, and therefore, do not have the same sentencing impact as a similar fine in the past. Based on its own analysis and on widespread support for inflationary adjustments expressed in public comment, the Commission concluded that aligning the above monetary tables with modern dollar values is appropriate.
Finally, the amendment adds a special instruction to both §§5E1.2 and 8C2.4 providing that, for offenses committed on or after November 1, 2015 but prior to November 1, 2026, courts should use the applicable fine guideline range that was set forth in the version of §5E1.2(c) that was in effect on November 1, 2025. This addition extends the reasoning of the existing special instruction responding to concerns previously expressed in public comment that changes to the fine tables might create ex post facto problems. Such guidance is similar to that provided in the commentary to §5E1.3 (Special Assessment) relating to the amount of the special assessment to be imposed in a given case.
Effective Date:The effective date of this amendment is November 1, 2026.