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October 1988 Federal Sentencing Guidelines Manual UNITED STATES SENTENCING COMMISSION GUIDEUNES MANUAL [Incorporating guideline amendments effective October 15, 1988] UNITED STATES SENTENCING COMMISSION 1331 PENNSYLVANIA AVENUE, NW SUITE 14OO WASHINGTON, D.C. 20004 (202) 662-8800 William W. Wilklns, Jr. Chairman Michael K. Block Stephen G. Breyer Helen G. Corrothers George E. MacKinnon llene H. Nagel Benjamin F. Baer (ex officio) Ronald L. Gainer (ex officio) William W. Wilkins, Jr. Chairman Michael K. Block Stephen G. Breyer Helen G. Corrothers George E. MacKinnon llene H. Nagel Benjamin F. Baer (ex-officio) Ronald L. Gainer (ex-officio) Note: This document contains the text of the Guidelines Manual incorporating amendments effective January 15, 1988, June 15, 1988, and October 15, 1988. TABLE OF CONTENTS CHAPTER ONE: Introduction and General Principles. Part A - Introduction 1.1 1. Authority 1.1 2. The Statutory Mission_ 1.1 3. The Basic Approach 1.2 4. The Guidelines' Resolution of Major Issues 1.5 5. A Concluding Note 1.12 Part B - General Application Principles 1.13 CHAPTER TWO: Offense Conduct 2.1 Part A - Offenses Against the Person 2.3 1. Homicide 2.3 2. Assault 2.4 3. Criminal Sexual Abuse 2.8 4. Kidnapping, Abduction, or Unlawful Restraint 2.11 5. Air Piracy 2.12 6. Threatening Communications 2.13 Part B - Offenses Involving Property 2.15 1. Theft, Embezzlement, Receipt of Stolen Property, and Property Destruction 2.15 2. Burglary and Trespass 2.19 3. Robbery, Extortion, and Blackmail 2.21 4. Commercial Bribery and Kickbacks 2.25 5. Counterfeiting, Forgery, and Infringement of Copyright or Trademark 2.27 6. Motor Vehicle Identification Numbers 2.28 Part C - Offenses Involving Public Officials 2.31 Part D - Offenses Involving Drugs 2.37 1. Unlawful Manufacturing, Importing, Exporting, Trafficking, or Possession; Continuing Criminal Enterprise 2.37 2. Unlawful Possession 2.51 3. Regulatory Violations 2.52 Part E - Offenses Involving Criminal Enterprises and Racketeering 2.55 1. Racketeering 2.55 2. Extortionate Extension of Credit 2.57 3. Gambling 2.59 4. Trafficking in Contraband Cigarettes 2.60 5. Labor Racketeering 2.60 Part F - Offenses Involving Fraud or Deceit 2.67 Part G - Offenses Involving Prostitution, Sexual Exploitation of Minors, and Obscenity 2.73 1. Prostitution 2.73 2. Sexual Exploitation of a Minor 2.74 3. Obscenity 2.75 October, 1987 Part H - Offenses Involving Individual Rights 2.77 1. Civil Rights 2.77 2. Political Rights 2.81 3. Privacy and Eavesdropping 2.82 4. Peonage, Involuntary Servitude, and Slave Trade 2.83 Part I - [Not Used] Part J - Offenses Involving the Administration of Justice 2.85 Part K - Offenses Involving Public Safety 2.93 1. Explosives and Arson 2.93 2. Firearms 2.96 3. Transportation of Hazardous Materials 2.100 Part L - Offenses Involving Immigration, Naturalization, and Passports 2.101 1. Immigration 2.101 2. Naturalization and Passports. 2.103 Part M - Offenses Involving National Defense 2.105 1. Treason 2.105 2. Sabotage 2.105 3. Espionage and Related Offenses 2.106 4. Evasion of Military Service 2.111 5. Prohibited Financial Transactions and Exports 2.111 6. Atomic Energy 2.113 Part N - Offenses Involving Food, Drugs, Agricultural Products, and Odometer Laws 2.115 1. Tampering with Consumer Products 2.115 2. Food, Drugs, and Agricultural Products 2.116 3. Odometer Laws and Regulations 2.117 Part O - [Not Used] Part P - Offenses Involving Prisons and Correctional Facilities 2.119 Part Q - Offenses Involving the Environment 2.123 1. Environment 2.123 2. Conservation and Wildlife 2.128 Part R - Antitrust Offenses 2.131 Part S - Money Laundering and Monetary Transaction Reporting 2.135 Part T - Offenses Involving Taxation 2.139 1. Income Taxes 2.139 2. Alcohol and Tobacco Taxes 2.147 3. Customs Taxes 2.148 4. Tax Table 2.150 Part U - [Not Used] Part V - [Not Used] Part W - [Not Used] October, 1987 Part X - Other Offenses 2.151 1. Conspiracies, Attempts, Solicitations 2.151 2. Aiding and Abetting 2.152 3. Accessory After the Fact_ 2.153 4. Misprision of Felony 2.153 5. All Other Offenses 2.154 Part Y - [Not Used] Part Z - [Not Used] CHAPTER THREE: Adjustments 3.1 Part A - Victim-Related Adjustments 3.1 Part B - Role in the Offense 3.3 Part C - Obstruction 3.7 Part D - Multiple Counts 3.9 Part E - Acceptance of Responsibility 3.21 CHAPTER FOUR: Criminal History And Criminal Livelihood__ 4.1 Part A - Criminal History__ 4.1 Part B - Career Offenders and Criminal Livelihood 4.11 CHAPTER FIVE: Determining The Sentence 5.1 Part A - Sentencing Table 5.2 Part B - Probation 5.5 Part C - Imprisonment 5.11 Part D - Supervised Release 5.15 Part E - Restitution, Fines, Assessments, Forfeitures 5.17 Part F - Sentencing Options 5.23 Part G - Implementing the Total Sentence of Imprisonment 5.27 Part H - Specific Offender Characteristics 5.29 Part I - [not used] Part J - Relief From Disability 5.33 Part K - Departures 5.35 1. Substantial Assistance to Authorities 5.35 2. General Provisions 5.36 CHAPTER SIX: Sentencing Procedures And Plea Agreements 6.1 Part A - Sentencing Procedures__ 6.1 Part B - Plea Agreements 6.5 CHAPTER SEVEN: Violations Of Probation And Supervised Release__ 7.1 APPENDIX A: Statutory Index A.I APPENDIX B: Authorizing Legislation And Related Sentencing Provisions B.I APPENDIX C: Amendments to the Sentencing Guidelines Manual of October 1987 C.I June 15, 1988 CHAPTER ONE - INTRODUCTION AND GENERAL APPLICATION PRINCIPLES PART A - INTRODUCTION 1. Authority The United States Sentencing Commission ("Commission") is an independent agency in the judicial branch composed of seven voting and two non-voting, ex officio members. Its principal purpose is to establish sentencing policies and practices for the federal criminal justice system that will assure the ends of justice by promulgating detailed guidelines prescribing the appropriate sentences for offenders convicted of federal crimes. The guidelines and policy statements promulgated by the Commission are issued pursuant to Section 994(a) of Title 28, United States Code. 2. The Statutory Mission The Comprehensive Crime Control Act of 1984 foresees guidelines that will further the basic purposes of criminal punishment, ijy., deterring crime, incapacitating the offender, providing just punishment, and rehabilitating the offender. It delegates to the Commission broad authority to review and rationalize the federal sentencing process. The statute contains many detailed instructions as to how this determination should be made, but the most important of them instructs the Commission to create categories of offense behavior and offender characteristics. An offense behavior category might consist, for example, of "bank robbery/committed with a gun/$2500 taken." An offender characteristic category might be "offender with one prior conviction who was not sentenced to imprisonment." The Commission is required to prescribe guideline ranges that specify an appropriate sentence for each class of convicted persons, to be determined by coordinating the offense behavior categories with the offender characteristic categories. The statute contemplates the guidelines will establish a range of sentences for every coordination of categories. Where the guidelines call for imprisonment, the range must be narrow: the maximum imprisonment cannot exceed the minimum by more than the greater of 25 percent or six months. 28 U.S.C. § 994(b)(2). The sentencing judge must select a sentence from within the guideline range. If, however, a particular case presents atypical features, the Act allows the judge to depart from the guidelines and sentence outside the range. In that case, the judge must specify reasons for departure. 18 U.S.C. § 3553(b). If the court sentences within the guideline range, an appellate court may review the sentence to see if the guideline was correctly applied. If the judge departs from the guideline range, an appellate court may review the reasonableness of the departure. 18 U.S.C. § 3742. The Act requires the offender to serve virtually all of any prison sentence imposed, for it abolishes parole and substantially restructures good behavior adjustments. The law requires the Commission to send its initial guidelines to Congress by April 13, 1987, and under the present statute they take effect automatically on November 1, 1987. Pub. L. No. 98-473, § 235, reprinted at 18 U.S.C. § 3551. The Commission may submit guideline amendments each year to Congress between the beginning of a regular 1.1 October, 1987 session and May 1. The amendments will take effect automatically 180 days after submission unless a law is enacted to the contrary. 28 U.S.C. § 994(p). The Commission, with the aid of its legal and research staff, considerable public testimony, and written commentary, has developed an initial set of guidelines which it now transmits to Congress. The Commission emphasizes, however, that it views the guideline- writing process as evolutionary. It expects, and the governing statute anticipates, that continuing research, experience, and analysis will result in modifications and revisions to the guidelines by submission of amendments to Congress. To this end, the Commission is established as a permanent agency to monitor sentencing practices in the federal courts throughout the nation. 3. The Basic Approach (Policy Statement) To understand these guidelines and the rationale that underlies them, one must begin with the three objectives that Congress, in enacting the new sentencing law, sought to achieve. Its basic objective was to enhance the ability of the criminal justice system to reduce crime through an effective, fair sentencing system. To achieve this objective, Congress first sought honesty in sentencing. It sought to avoid the confusion and implicit deception that arises out of the present sentencing system which requires a judge to impose an indeterminate sentence that is automatically reduced in most cases by "good time" credits.
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