AMENDMENT 837
Section 2A5.1 is amended by striking subsection (b) as follows:
“(b) Specific Offense Characteristic
(1) If death resulted, increase by 5 levels.”.
Section 2B1.5(b) is amended by striking paragraph (6) as follows:
“(6) If a dangerous weapon was brandished or its use was threatened, increase by 2 levels. If the resulting offense level is less than level 14, increase to level 14.”.
The Commentary to §2B1.5 captioned “Application Notes” is amended—
by striking Note 7 as follows:
“7. Dangerous Weapons Enhancement Under Subsection (b)(6).—For purposes of subsection (b)(6), ‘brandished’ and ‘dangerous weapon’ have the meaning given those terms in Application Note 1 of the Commentary to §1B1.1 (Application Instructions).”;
and by redesignating Note 8 as Note 7.
Section 2B2.3(b) is amended by striking paragraph (3) as follows:
“(3) If (A) the offense involved invasion of a protected computer; and (B) the loss resulting from the invasion (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.”.
The Commentary to §2B2.3 captioned “Application Notes” is amended—
in the caption by striking “Notes” and inserting “Note”;
in Note 1 by striking the following:
“ ‘Protected computer’ means a computer described in 18 U.S.C. § 1030(e)(2)(A) or (B).”;
and by striking Note 2 as follows:
“2. Application of Subsection (b)(3).—Valuation of loss is discussed in §2B1.1 (Theft, Property Destruction, and Fraud) and the Commentary to §2B1.1.”.
Section 2B6.1(b) is amended by striking paragraph (3) as follows:
“(3) If the offense involved an organized scheme to steal vehicles or vehicle parts, or to receive stolen vehicles or vehicle parts, and the offense level as determined above is less than level 14, increase to level 14.”.
The Commentary to §2B6.1 captioned “Application Notes” is amended—
in the caption by striking “Notes” and inserting “Note”;
by striking Note 1 as follows:
“1. Subsection (b)(3), referring to an ‘organized scheme to steal vehicles or vehicle parts, or to receive stolen vehicles or vehicle parts,’ provides an alternative minimum measure of loss in the case of an ongoing, sophisticated operation such as an auto theft ring or ‘chop shop.’ ‘Vehicles’ refers to all forms of vehicles, including aircraft and watercraft. See Commentary to §2B1.1 (Theft, Property Destruction, and Fraud).”;
and by redesignating Note 2 as Note 1.
Section 2D1.1(b) is amended—
by striking paragraph (10) as follows:
“(10) If the defendant was convicted under 21 U.S.C. § 841(g)(1)(A), increase by 2 levels.”;
by redesignating paragraphs (11) through (18) as paragraphs (10) through (17), respectively;
and in paragraph (12) (as so redesignated) by striking “subsection (b)(13)(B)” and inserting “subsection (b)(12)(B)”.
Section 2D1.1(e)(2)(C) is amended by striking “subsection (b)(17)” and inserting “subsection (b)(16)”.
The Commentary to §2D1.1 captioned “Application Notes” is amended—
in Note 16 by striking “Subsection (b)(11)” both places it appears and inserting “Subsection (b)(10)”; and by striking “§2D1.1(b)(16)(D)” and inserting “§2D1.1(b)(15)(D)”;
in Note 17 by striking “Subsection (b)(12)” both places it appears and inserting “Subsection (b)(11)”;
in Note 18, in the heading, by striking “Subsection (b)(14)” and inserting “Subsection (b)(13)”;
in Note 18(A) by striking “Subsection (b)(14)(A)” both places it appears and inserting “Subsection (b)(13)(A)”;
in Note 18(B) by striking “(Subsection (b)(14)(C)–(D))” and inserting “(Subsection (b)(13)(C)–(D))”; by striking “subsection (b)(14)(C)(ii) or (D)” and inserting “subsection (b)(13)(C)(ii) or (D)”; and by striking “subsection (b)(14)(D)” and inserting “subsection (b)(13)(D)”;
in Note 19 by striking “Subsection (b)(15)” both places it appears and inserting “Subsection (b)(14)”; and by striking “subsection (b)(14)(A) and (b)(15)” and inserting “subsections (b)(13)(A) and (b)(14)”;
in Note 20, in the heading, by striking “Subsection (b)(16)” and inserting “Subsection (b)(15)”;
in Note 20(A) by striking “(Subsection (b)(16)(B))” and inserting “(Subsection (b)(15)(B))”; and by striking “subsection (b)(16)(B)” and inserting “subsection (b)(15)(B)”;
in Note 20(B) by striking “(Subsection (b)(16)(C))” and inserting “(Subsection (b)(15)(C))”; by striking “Subsection (b)(16)(C)” and inserting “Subsection (b)(15)(C)”; and by striking “subsection (b)(16)(C)” and inserting “subsection (b)(15)(C)”;
in Note 20(C) by striking “(Subsection (b)(16)(E))” and inserting “(Subsection (b)(15)(E))”; and by striking “subsection (b)(16)(E)” and inserting “subsection (b)(15)(E)”;
and in Note 21 by striking “Subsection (b)(18)” and inserting “Subsection (b)(17)”; and by striking “subsection (b)(18)” both places it appears and inserting “subsection (b)(17)”.
The Commentary to §2D1.1 captioned “Background” is amended by striking “Subsection (b)(11)” and inserting “Subsection (b)(10)”; by striking “Subsection (b)(12)” and inserting “Subsection (b)(11)”; by striking “Subsection (b)(14)(A)” and inserting “Subsection (b)(13)(A)”; by striking “Subsection (b)(14)(C)(ii) and (D)” and inserting “Subsection (b)(13)(C)(ii) and (D)”; by striking “Subsection (b)(16)” and inserting “Subsection (b)(15)”; and by striking “Subsection (b)(17)” and inserting “Subsection (b)(16)”.
Section 2D1.11(b) is amended—
by striking paragraph (2) as follows:
“(2) If the defendant is convicted of violating 21 U.S.C. § 841(c)(2) or (f)(1), or § 960(d)(2), (d)(3), or (d)(4), decrease by 3 levels, unless the defendant knew or believed that the listed chemical was to be used to manufacture a controlled substance unlawfully.”;
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
by striking paragraph (5) as follows:
“(5) If the defendant is convicted under 21 U.S.C. § 865, increase by 2 levels.”;
and by redesignating paragraph (6) as paragraph (4).
The Commentary to §2D1.11 captioned “Application Notes” is amended—
by striking Note 3 as follows:
“3. Application of Subsection (b)(2).—Convictions under 21 U.S.C. §§ 841(c)(2) and (f)(1), and 960(d)(2), (d)(3), and (d)(4) do not require that the defendant have knowledge or an actual belief that the listed chemical was to be used to manufacture a controlled substance unlawfully. In a case in which the defendant possessed or distributed the listed chemical without such knowledge or belief, a 3-level reduction is provided to reflect that the defendant is less culpable than one who possessed or distributed listed chemicals knowing or believing that they would be used to manufacture a controlled substance unlawfully.”;
by redesignating Notes 4 through 9 as Notes 3 through 8, respectively;
in Note 3 (as so redesignated) by striking “Subsection (b)(3)” both places it appears and inserting “Subsection (b)(2)”;
in Note 4 (as so redesignated) by striking “Subsection (b)(4)” and inserting “Subsection (b)(3)”; and by striking “subsection (b)(4)” each place it appears and inserting “subsection (b)(3)”;
and in Note 6 (as so redesignated) by striking “Subsection (b)(6)” and inserting “Subsection (b)(4)”; and by striking “subsection (b)(6)” both places it appears and inserting “subsection (b)(4)”.
Section 2D1.12(b) is amended by striking paragraph (4) as follows:
“(4) If the offense involved stealing anhydrous ammonia or transporting stolen anhydrous ammonia, increase by 6 levels.”.
Section 2D1.14 is amended—
in subsection (a)(1) by striking “§2D1.1(a)(5)(A), (a)(5)(B), and (b)(18)” and inserting “§2D1.1(a)(5)(A), (a)(5)(B), and (b)(17)”;
and by striking subsection (b) as follows:
“(b) Specific Offense Characteristic
(1) If §3A1.4 (Terrorism) does not apply, increase by 6 levels.”.
Section 2G3.2 is amended by striking subsection (b) as follows:
“(b) Specific Offense Characteristics
(1) If a person who received the telephonic communication was less than eighteen years of age, or if a broadcast was made between six o’clock in the morning and eleven o’clock at night, increase by 4 levels.
(2) If 6 plus the offense level from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to the volume of commerce attributable to the defendant is greater than the offense level determined above, increase to that offense level.”.
The Commentary to §2G3.2 is amended by striking the Commentary captioned “Background” in its entirety as follows:
“Background: Subsection (b)(1) provides an enhancement where an obscene telephonic communication was received by a minor less than 18 years of age or where a broadcast was made during a time when such minors were likely to receive it. Subsection (b)(2) provides an enhancement for large-scale ‘dial-a-porn’ or obscene broadcasting operations that results in an offense level comparable to the offense level for such operations under §2G3.1 (Importing, Mailing, or Transporting Obscene Matter; Transferring Obscene Matter to a Minor). The extent to which the obscene material was distributed is approximated by the volume of commerce attributable to the defendant.”.
Section 2H3.1(b) is amended—
in the heading by striking “Characteristics” and inserting “Characteristic”;
and by striking paragraph (2) as follows:
“(2) (Apply the greater) If—
(A) the defendant is convicted under 18 U.S.C. § 119, increase by 8 levels; or
(B) the defendant is convicted under 18 U.S.C. § 119, and the offense involved the use of a computer or an interactive computer service to make restricted personal information about a covered person publicly available, increase by 10 levels.”.
The Commentary to §2H3.1 captioned “Application Notes” is amended by striking Notes 3 and 4 as follows:
“3. Inapplicability of Chapter Three (Adjustments).—If the enhancement under subsection (b)(2) applies, do not apply §3A1.2 (Official Victim).
4. Definitions.—For purposes of this guideline:
‘Computer’ has the meaning given that term in 18 U.S.C. § 1030(e)(1).
‘Covered person’ has the meaning given that term in 18 U.S.C. § 119(b).
‘Interactive computer service’ has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. § 230(f)(2)).
‘Means of identification’ has the meaning given that term in 18 U.S.C. § 1028(d)(7), except that such means of identification shall be of an actual (i.e., not fictitious) individual, other than the defendant or a person for whose conduct the defendant is accountable under §1B1.3 (Relevant Conduct).
‘Personal information’ means sensitive or private information involving an identifiable individual (including such information in the possession of a third party), including (A) medical records; (B) wills; (C) diaries; (D) private correspondence, including e-mail; (E) financial records; (F) photographs of a sensitive or private nature; or (G) similar information.
‘Restricted personal information’ has the meaning given that term in 18 U.S.C. § 119(b).”.
Section 2J1.3(b) is amended—
in the heading by striking “Characteristics” and inserting “Characteristic”;
by striking paragraph (1) as follows:
“(1) If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to suborn perjury, increase by 8 levels.”;
and by redesignating paragraph (2) as paragraph (1).
Section 2J1.6(b) is amended—
in the heading by striking “Characteristics” and inserting “Characteristic”;
by striking paragraph (1) as follows:
“(1) If the base offense level is determined under subsection (a)(1), and the defendant—
(A) voluntarily surrendered within 96 hours of the time he was originally scheduled to report, decrease by 5 levels; or
(B) was ordered to report to a community corrections center, community treatment center, ‘halfway house,’ or similar facility, and subdivision (A) above does not apply, decrease by 2 levels.
Provided, however, that this reduction shall not apply if the defendant, while away from the facility, committed any federal, state, or local offense punishable by a term of imprisonment of one year or more.”;
and by redesignating paragraph (2) as paragraph (1).
Section 2J1.9 is amended by striking subsection (b) as follows:
“(b) Specific Offense Characteristic
(1) If the payment was made or offered for refusing to testify or for the witness absenting himself to avoid testifying, increase by 4 levels.”.
Section 2K1.5(b) is amended by striking the following:
“If more than one applies, use the greatest:
(1) If the offense was committed willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, increase by 15 levels.
(2) If the defendant was prohibited by another federal law from possessing the weapon or material, increase by 2 levels.
(3) If the defendant’s possession of the weapon or material would have been lawful but for 49 U.S.C. § 46505 and he acted with mere negligence, decrease by 3 levels.”;
and inserting the following:
“(1) (Apply the greater) If—
(A) the offense was committed willfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, increase by 15 levels; or
(B) the defendant was prohibited by another federal law from possessing the weapon or material, increase by 2 levels.”.
The Commentary to §2K1.5 captioned “Background” is amended by striking “A decrease is provided in a case of mere negligence where the defendant was otherwise authorized to possess the weapon or material.”.
Section 2K2.6 is amended by striking subsection (b) as follows:
“(b) Specific Offense Characteristic
(1) If the defendant used the body armor in connection with another felony offense, increase by 4 levels.”.
The Commentary to §2K2.6 is amended by striking the Commentary captioned “Application Notes” in its entirety as follows:
“Application Notes:
1. Application of Subsection (b)(1).—
(A) Meaning of ‘Defendant’.—Consistent with §1B1.3 (Relevant Conduct), the term ‘defendant’, for purposes of subsection (b)(1), limits the accountability of the defendant to the defendant’s own conduct and conduct that the defendant aided or abetted, counseled, commanded, induced, procured, or willfully caused.
(B) Meaning of ‘Felony Offense’.—For purposes of subsection (b)(1), ‘felony offense’ means any offense (federal, state, or local) punishable by imprisonment for a term exceeding one year, regardless of whether a criminal charge was brought, or a conviction obtained.
(C) Meaning of ‘Used’.—For purposes of subsection (b)(1), ‘used’ means the body armor was (i) actively employed in a manner to protect the person from gunfire; or (ii) used as a means of bartering. Subsection (b)(1) does not apply if the body armor was merely possessed. For example, subsection (b)(1) would not apply if the body armor was found in the trunk of a car but was not being actively used as protection.
2. Inapplicability of §3B1.5.—If subsection (b)(1) applies, do not apply the adjustment in §3B1.5 (Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence).
3. Grouping of Multiple Counts.—If subsection (b)(1) applies (because the defendant used the body armor in connection with another felony offense) and the instant offense of conviction includes a count of conviction for that other felony offense, the counts of conviction for the 18 U.S.C. § 931 offense and that other felony offense shall be grouped pursuant to subsection (c) of §3D1.2 (Groups of Closely Related Counts).”.
Section 2M4.1 is amended by striking subsection (b) as follows:
“(b) Specific Offense Characteristic
(1) If the offense occurred at a time when persons were being inducted for compulsory military service, increase by 6 levels.”.
Section 2P1.1(b) is amended by striking paragraph (4) as follows:
“(4) If the defendant was a law enforcement or correctional officer or employee, or an employee of the Department of Justice, at the time of the offense, increase by 2 levels.”.
The Commentary to 2P1.1 captioned “Application Notes” is amended—
by striking Note 3 as follows:
“3. If the adjustment in subsection (b)(4) applies, no adjustment is to be made under §3B1.3 (Abuse of Position of Trust or Use of Special Skill).”;
and by redesignating Notes 4 and 5 as Notes 3 and 4, respectively.
Section 2Q1.2(b) is amended—
by striking paragraph (5) as follows:
“(5) If a recordkeeping offense reflected an effort to conceal a substantive environmental offense, use the offense level for the substantive offense.”;
and by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
The Commentary to §2Q1.2 captioned “Application Notes” is amended—
by striking Note 1 as follows:
“1. ‘Recordkeeping offense’ includes both recordkeeping and reporting offenses. The term is to be broadly construed as including failure to report discharges, releases, or emissions where required; the giving of false information; failure to file other required reports or provide necessary information; and failure to prepare, maintain, or provide records as prescribed.”;
and by redesignating Notes 2 through 7 as Notes 1 through 6, respectively.
The Commentary to §2Q1.2 captioned “Background” is amended by striking “§2Q1.2(b)(6)” and inserting “§2Q1.2(b)(5)”.
Section 2Q1.3(b) is amended—
by striking paragraph (2) as follows:
“(2) If the offense resulted in a substantial likelihood of death or serious bodily injury, increase by 11 levels.”;
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
and by striking paragraph (5) as follows:
“(5) If a recordkeeping offense reflected an effort to conceal a substantive environmental offense, use the offense level for the substantive offense.”.
The Commentary to §2Q1.3 captioned “Application Notes” is amended—
by striking Note 1 as follows:
“1. ‘Recordkeeping offense’ includes both recordkeeping and reporting offenses. The term is to be broadly construed as including failure to report discharges, releases, or emissions where required; the giving of false information; failure to file other required reports or provide necessary information; and failure to prepare, maintain, or provide records as prescribed.”;
by renumbering Notes 2 and 3 as Notes 1 and 2, respectively;
by striking Note 4 as follows:
“4. Subsection (b)(2) applies to offenses where the public health is seriously endangered.”;
by redesignating Notes 5 and 6 as Notes 3 and 4, respectively;
in Note 3 (as so redesignated) by striking “Subsection (b)(3)” and inserting “Subsection (b)(2)”;
and in Note 4 (as so redesignated) by striking “Subsection (b)(4)” and inserting “Subsection (b)(3)”.
Section 2Q1.4 is amended—
by striking subsection (b) as follows:
“(b) Specific Offense Characteristics
(1) If (A) any victim sustained permanent or life-threatening bodily injury, increase by 4 levels; (B) any victim sustained serious bodily injury, increase by 2 levels; or (C) the degree of injury is between that specified in subdivisions (A) and (B), increase by 3 levels.
(2) If the offense resulted in (A) a substantial disruption of public, governmental, or business functions or services; or (B) a substantial expenditure of funds to clean up, decontaminate, or otherwise respond to the offense, increase by 4 levels.
(3) If the offense resulted in an ongoing, continuous, or repetitive release of a contaminant into a public water system or lasted for a substantial period of time, increase by 2 levels.”;
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
and in subsection (c)(1) (as so redesignated) by striking “the death or permanent, life-threatening, or serious bodily injury of more than one victim” and inserting “the death, permanent or life-threatening bodily injury, or serious bodily injury of more than one victim”.
The Commentary to §2Q1.4 captioned “Application Notes” is amended in Note 2 by striking “Subsection (d)” and inserting “Subsection (c)”; and by striking “subsection (c)” and inserting “subsection (b)”.
Section 2T1.9 is amended in subsection (b)—
in the heading by striking “Characteristics” and inserting “Characteristic”;
by striking the following:
“If more than one applies, use the greater:
(1) If the offense involved the planned or threatened use of violence to impede, impair, obstruct, or defeat the ascertainment, computation, assessment, or collection of revenue, increase by 4 levels.”;
and by redesignating paragraph (2) as paragraph (1).
The Commentary to §2T1.9 captioned “Application Notes” is amended—
in Note 3 by striking “Specific offense characteristics from §2T1.9(b) are to be applied” and inserting “Subsection (b)(1) is to be applied”;
and in Note 4 by striking “Subsection (b)(2)” and inserting “Subsection (b)(1)”.
The Commentary to §2T1.9 captioned “Background” is amended by striking “Additional specific offense characteristics are included” and inserting “A specific offense characteristic is included”.
The Commentary to §3B1.4 captioned “Application Notes” is amended in Note 2 by striking “§2D1.1(b)(16)(B)” and inserting “§2D1.1(b)(15)(B)”.
The Commentary to §3B1.5 captioned “Application Notes” is amended by striking Note 3 as follows:
“3. Interaction with §2K2.6 and Other Counts of Conviction.—If the defendant is convicted only of 18 U.S.C. § 931 and receives an enhancement under subsection (b)(1) of §2K2.6 (Possessing, Purchasing, or Owning Body Armor by Violent Felons), do not apply an adjustment under this guideline. However, if, in addition to the count of conviction under 18 U.S.C. § 931, the defendant (A) is convicted of an offense that is a drug trafficking crime or a crime of violence; and (B) used the body armor with respect to that offense, an adjustment under this guideline shall apply with respect to that offense.”.
The Commentary to §3C1.1 captioned “Application Notes” is amended in Note 7 by striking “§2D1.1(b)(16)(D)” and inserting “§2D1.1(b)(15)(D)”.
Reason for Amendment: This amendment continues the Commission’s multi-year efforts to simplify the Guidelines Manual. The initiative of simplifying the Guidelines Manual has taken various forms over time. Last year, as part of these efforts, the Commission revised the three-step sentencing process to eliminate departures from the guidelines. See USSG App. C, amend. 836 (effective Nov. 1, 2025). During this amendment cycle, the Commission examined application rates for the 298 specific offense characteristics in Chapter Two to identify any infrequently used provisions that could be eliminated as a good-government measure.
This amendment deletes 26 specific offense characteristics that did not apply at all in the last five fiscal years, some of which date back to the original Guidelines Manual in 1987. These 26 specific offense characteristics applied infrequently—if at all—even using a 25-year lookback period. For some of these specific offense characteristics, low usage mirrored low usage of the underlying guideline. For others, the underlying guideline was applied a relatively large number of times, but the specific offense characteristic applied infrequently.
The Commission is deleting these 26 specific offense characteristics to streamline the Guidelines Manual in light of their infrequent applicability.
Effective Date: The effective date of this amendment is November 1, 2026.