AMENDMENT 841

Amendment: Chapter Five is amended in the Introductory Commentary by striking “Chapter Five sets forth the steps used to determine the applicable sentencing range based upon the guideline calculations made in Chapters Two through Four. Additionally, the provisions” and inserting “Chapter Five sets forth the steps used to determine the applicable sentencing range and sentencing options based upon the guideline calculations made in Chapters Two through Four. The provisions”.

Chapter Five, Part A is amended—

in the heading by striking “Sentencing Table” and inserting “Determination of Sentencing Range and Sentencing Options”;

by inserting at the beginning the following new Introductory Commentary:

“ Introductory Commentary

By statute, sentencing courts must consider and balance a broad range of factors when determining the appropriate sentence to impose in each individual case. Among these factors, courts are required to consider ‘all available sentencing options.’ 18 U.S.C. § 3553(a)(3). Each of the available sentencing options—imprisonment, probation, and fines—serves a punitive function, and the sentencing court must determine the option, or combination of options, that best achieves a sentence ‘sufficient, but not greater than necessary to comply with the purposes set forth in [18 U.S.C. § 3553(a)(2)].’ 18 U.S.C. § 3553(a).

Congress charged the Commission with promulgating guidelines for sentencing courts to use in determining ‘whether to impose a sentence to probation, a fine, or a term of imprisonment’ (see 28 U.S.C. § 994(a)(1)(A)). The provisions within Chapter Five, in combination, guide all aspects of determining the appropriate sentence under the guidelines, including the initial determination of sentence type. By clearly delineating the sentencing options available under the guidelines, the Commission intends for Part A of this chapter to assist courts in making this critical decision.”;

by striking “The Sentencing Table used to determine the guideline range follows:”;

by inserting before the Sentencing Table the following new heading: “§5A1.1. Sentencing Table”;

by redesignating the Sentencing Table as §5A1.1(c);

in §5A1.1 by inserting before subsection (c) (the Sentencing Table as so redesignated) the following:

“The Sentencing Table is used to determine the applicable sentencing range and sentencing options based upon the guideline calculations made in Chapters Two through Four.

(a) The Offense Level (1–43) forms the vertical axis of the Sentencing Table. The Criminal History Category (I–VI) forms the horizontal axis of the Table. The intersection of the Offense Level and Criminal History Category displays the Guideline Range in months of imprisonment. For example, the guideline range applicable to a defendant with an Offense Level of 15 and a Criminal History Category of III is 24–30 months of imprisonment. For purposes of the Sentencing Table, ‘Life’ means life imprisonment.

(b) The Sentencing Table is divided into Zones A, B, C, and D. Each zone provides for different sentencing options for the court’s consideration. Subject to any statutory limitations in an individual case (see, e.g., §5B1.1(b) (statutory eligibility for probation); §§5G1.1, 5G1.2 (statutory minimums and maximums)), the sentencing options in each zone are as follows:

by redesignating the Commentary captioned “Commentary to Sentencing Table” as the “Commentary” to §5A1.1;

and in the Commentary to §5A1.1 (as so redesignated) captioned “Application Notes”—

by striking Note 1 as follows:

“1. The Offense Level (1–43) forms the vertical axis of the Sentencing Table. The Criminal History Category (I–VI) forms the horizontal axis of the Table. The intersection of the Offense Level and Criminal History Category displays the Guideline Range in months of imprisonment. ‘Life’ means life imprisonment. For example, the guideline range applicable to a defendant with an Offense Level of 15 and a Criminal History Category of III is 24–30 months of imprisonment.”;

by redesignating Notes 2 and 3 as Notes 1 and 2, respectively;

in Note 1 (as so redesignated) by inserting at the beginning the following new heading: “Total Offense Level.—”;

in Note 2 (as so redesignated) by inserting at the beginning the following new heading: “Criminal History Category.—”;

and by inserting at the end the following new Note 3:

“3. Fine-Only Sentence.—A fine may be the sole sanction if the guidelines do not require a term of imprisonment. See §5E1.2, comment. (n.1).”

The Commentary to §5G1.2 captioned “Application Notes,” as amended by Amendment 840, is further amended in Note 1 by striking “Chapter Five, Part A (Sentencing Table)” and inserting “Chapter Five, Part A (Determination of Sentencing Range and Sentencing Options)”.

Reason for Amendment: This amendment revises Part A (Sentencing Table) of Chapter Five (Determining the Sentencing Range and Options Under the Guidelines) by adding Introductory Commentary and a new guideline at §5A1.1 (Sentencing Table). The amendment was informed by feedback the Commission received from stakeholders throughout the amendment cycle, including at a Sentencing Options Roundtable held in December 2025. The Commission’s consideration of this amendment was also informed by research finding that the initial determination of whether a sentence should include any incarceration has been a site of demographic disparities in sentencing. See, e.g., U.S. Sent’g Comm’n, Demographic Differences in Federal Sentencing (2023).

Chapter Five is divided into seven parts—Parts A through G—that, in combination, guide all aspects of determining the appropriate sentence, including the initial determination of sentence type. The Sentencing Table, at Part A, provides guideline ranges that are determined by a defendant’s offense level and criminal history category and are measured in months of imprisonment. It is further divided into four zones—Zones A through D—each of which authorizes different sentencing options. Zone A authorizes probationary sentences, and Zones B and C each authorize alternative sentences, contingent upon the imposition of confinement conditions. Zone D authorizes imprisonment sentences only. Prior to this amendment, only the Sentencing Table and its commentary appeared in Part A, while the instructions regarding the sentencing options available within each zone were distributed throughout different sections of Chapter Five. See §5B1.1(a); §5C1.1 & comment. nn.2–4.

The amendment adds Introductory Commentary and a new guideline to Chapter Five that clearly delineates the full range of sentencing options available under the guidelines before proceeding to the Sentencing Table itself. The Commission intends for the new Introductory Commentary and §5A1.1 to serve complementary functions. First, the new Introductory Commentary emphasizes that courts must consider and balance a broad range of factors to achieve a sentence that is “sufficient, but not greater than necessary to comply with the purposes set forth in [18 U.S.C. § 3553(a)(2)],” and that each of the available sentencing options—imprisonment, probation, and fines—serves a punitive function. The Introductory Commentary highlights Congress’s considerations at the time the Sentencing Reform Act was enacted and further effectuates Congress’s directive to the Commission to promulgate guidelines for determining “whether to impose a sentence to probation, a fine, or a term of imprisonment.” 28 U.S.C. § 994(a)(1)(B).

Second, new §5A1.1 describes the structure and operation of the Sentencing Table and lists all available guideline sentencing options to assist the court in determining the appropriate sentence under the guidelines, including the determination of sentence type. Subsection (a) adopts language that previously appeared in Application Note 1 of the Commentary to the Sentencing Table, which explains the two axes of the Table and how to determine the guideline range. Subsection (b) provides a table that lists the sentencing options available within each zone in the Sentencing Table with cross-references to the relevant provisions of Chapter Five. Subsection (c) then sets forth the Sentencing Table, which is unchanged by the amendment.

By setting forth the operation of the Sentencing Table and clearly delineating a court’s guideline sentencing options, the Commission intends to further assist courts in determining the appropriate sentence—both sentence length and sentence type. The Commission believes an explanation of the sentencing options and its placement before the Sentencing Table will benefit new practitioners and new judges and serve as a useful reminder to judges of the importance that the Commission and its enabling legislation place on the determination of sentence type.

Effective Date: The effective date of this amendment is November 1, 2026.