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GUIDELINES MANUAL

2024

    Applying the Guidelines

    Section 1B1.1 (Application Instructions) sets forth the instructions for determining the applicable guideline range and type of sentence to impose, in accordance with the Guidelines Manual. The following is a summary of the steps for applying the guidelines and is provided only for the convenience of the reader.

    (1) Refer to the Statutory Index (Appendix A) to determine the offense guideline section from Chapter Two (Offense Conduct) applicable to the offense of conviction. See §1B1.2 (Applicable Guidelines).

    (2) In accordance with §1B1.3 (Relevant Conduct), determine the base offense level and apply any appropriate specific offense characteristics, cross references, and special instructions contained in the particular guideline in Chapter Two, in the order listed.

    (3) Apply as appropriate the adjustments related to victim, role in the offense, obstruction of justice, as well as additional statutory sentencing enhancements, as provided in Part A, Part B, and Part C of Chapter Three.

    (4) If there are multiple counts of conviction, repeat steps (1) through (3) for each count. Apply Part D of Chapter Three to group the various counts and adjust the offense level as appropriate.

    (5) Apply any appropriate adjustment, for the defendant’s acceptance of responsibility, pursuant to Part E of Chapter Three.

    (6) Determine the defendant’s criminal history category as specified in Part A of Chapter Four. Determine any other applicable adjustments using Parts B and C of Chapter Four. 

    (7) Determine the applicable guideline range in Part A of Chapter Five by locating the cell in the Sentencing Table that is at the intersection of the offense level and criminal history category determined above.

    (8) For the applicable guideline range, determine from Parts B through G of Chapter Five the sentencing requirements and options related to probation, imprisonment, supervised release, restitution, fines, special assessments, and forfeitures.

    (9) Consider the specific offender characteristics and departures provisions in Part H and Part K of Chapter Five, and any other policy statements or commentary in the guidelines that might warrant consideration.

    (10) Consider the applicable factors in 18 U.S.C.§ 3553(a) taken as a whole and determine sentence to impose.