Adjustment for Certain Zero-Point Offenders

(a) ADJUSTMENT.—If the defendant meets all of the following criteria: (1) the defendant did not receive any criminal history points from Chap- ter Four, Part A; (2) the defendant did not receive an adjustment under §3A1.4 (Terror- ism); (3) the defendant did not use violence or credible threats of violence in connection with the offense; (4) the offense did not result in death or serious bodily injury; (5) the instant offense of conviction is not a sex offense; (6) the defendant did not personally cause substantial financial hardship; (7) the defendant did not possess, receive, purchase, transport, transfer, sell, or otherwise dispose of a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (8) the instant offense of conviction is not covered by §2H1.1 (Offenses Involving Individual Rights); (9) the defendant did not receive an adjustment under §3A1.1 (Hate Crime Motivation or Vulnerable Victim) or §3A1.5 (Serious Human Rights Offense); (10) the defendant did not receive an adjustment under §3B1.1 (Aggravat- ing Role); and (11) the defendant was not engaged in a continuing criminal enterprise, as defined in 21 U.S.C. § 848; decrease the offense level determined under Chapters Two and Three by 2 levels. 414 ║ Guidelines Manual (November 1, 2024) §4C1.1 (b) DEFINITIONS AND ADDITIONAL CONSIDERATIONS.— (1) “Dangerous weapon,” “firearm,” “offense,” and “serious bodily injury” have the meaning given those terms in the Commentary to §1B1.1 (Application Instructions). (2) “Sex offense” means (A) an offense under (i) chapter 109A of title 18, United States Code; (ii) chapter 110 of title 18, not including a record- keeping offense; (iii) chapter 117 of title 18, not including transmit- ting information about a minor or filing a factual statement about an alien individual; or (iv) 18 U.S.C. § 1591; or (B) an attempt or a con- spiracy to commit any offense described in subparagraphs (A)(i) through (iv) of this definition. (3) In determining whether the defendant’s acts or omissions resulted in “substantial financial hardship” to a victim, the court shall con- sider, among other things, the non-exhaustive list of factors provided in Application Note 4(F) of the Commentary to §2B1.1 (Theft, Prop- erty Destruction, and Fraud). Application Notes: Commentary 1. Application of Subsection (a)(6).—The application of subsection (a)(6) is to be determined independently of the application of subsection (b)(2) of §2B1.1 (Theft, Property Destruction, and Fraud). 2. Upward Departure.—An upward departure may be warranted if an adjustment under this guideline substantially underrepresents the seriousness of the defendant’s criminal history. For example, an upward departure may be warranted if the defendant has a prior conviction or other comparable judicial disposition for an offense that involved violence or credible threats of vio- lence. Historical Note Effective November 1, 2023 (amendment 821). Amended effective November 1, 2024 (amendments 830 and 831). Guidelines Manual (November 1, 2024) ║ 415 CHAPTER FIVE DETERMINING THE SENTENCE Introductory Commentary For certain categories of offenses and offenders, the guidelines permit the court to impose either imprisonment or some other sanction or combination of sanctions. In determining the type of sentence to impose, the sentencing judge should consider the nature and seriousness of the conduct, the statu- tory purposes of sentencing, and the pertinent offender characteristics. A sentence is within the guide- lines if it complies with each applicable section of this chapter. The court should impose a sentence sufficient, but not greater than necessary, to comply with the statutory purposes of sentencing. 18 U.S.C. § 3553(a). Historical Note Effective November 1, 1987. PART A ― SENTENCING TABLE The Sentencing Table used to determine the guideline range follows: 416 ║ Guidelines Manual (November 1, 2024) Ch. 5 Pt. A Guidelines Manual (November 1, 2024) ║ 417 SENTENCING TABLE (in months of imprisonment) Criminal History Category (Criminal History Points) Offense Level I (0 or 1) II (2 or 3) III (4, 5, 6) IV (7, 8, 9) V (10, 11, 12) VI (13 or more) Zone A 1 0–6 0–6 0–6 0–6 0–6 0–6 2 0–6 0–6 0–6 0–6 0–6 1–7 3 0–6 0–6 0–6 0–6 2–8 3–9 4 0–6 0–6 0–6 2–8 4–10 6–12 5 0–6 0–6 1–7 4–10 6–12 9–15 6 0–6 1–7 2–8 6–12 9–15 12–18 7 0–6 2–8 4–10 8–14 12–18 15–21 8 0–6 4–10 6–12 10–16 15–21 18–24 Zone B 9 4–10 6–12 8–14 12–18 18–24 21–27 10 6–12 8–14 10–16 15–21 21–27 24–30 11 8–14 10–16 12–18 18–24 24–30 27–33 Zone C 12 10–16 12–18 15–21 21–27 27–33 30–37 13 12–18 15–21 18–24 24–30 30–37 33–41 Zone D 14 15–21 18–24 21–27 27–33 33–41 37–46 15 18–24 21–27 24–30 30–37 37–46 41–51 16 21–27 24–30 27–33 33–41 41–51 46–57 17 24–30 27–33 30–37 37–46 46–57 51–63 18 27–33 30–37 33–41 41–51 51–63 57–71 19 30–37 33–41 37–46 46–57 57–71 63–78 20 33–41 37–46 41–51 51–63 63–78 70–87 21 37–46 41–51 46–57 57–71 70–87 77–96 22 41–51 46–57 51–63 63–78 77–96 84–105 23 46–57 51–63 57–71 70–87 84–105 92–115 24 51–63 57–71 63–78 77–96 92–115 100–125 25 57–71 63–78 70–87 84–105 100–125 110–137 26 63–78 70–87 78–97 92–115 110–137 120–150 27 70–87 78–97 87–108 100–125 120–150 130–162 28 78–97 87–108 97–121 110–137 130–162 140–175 29 87–108 97–121 108–135 121–151 140–175 151–188 30 97–121 108–135 121–151 135–168 151–188 168–210 31 108–135 121–151 135–168 151–188 168–210 188–235 32 121–151 135–168 151–188 168–210 188–235 210–262 33 135–168 151–188 168–210 188–235 210–262 235–293 34 151–188 168–210 188–235 210–262 235–293 262–327 35 168–210 188–235 210–262 235–293 262–327 292–365 36 188–235 210–262 235–293 262–327 292–365 324–405 37 210–262 235–293 262–327 292–365 324–405 360–life 38 235–293 262–327 292–365 324–405 360–life 360–life 39 262–327 292–365 324–405 360–life 360–life 360–life 40 292–365 324–405 360–life 360–life 360–life 360–life 41 324–405 360–life 360–life 360–life 360–life 360–life 42 360–life 360–life 360–life 360–life 360–life 360–life 43 life life life life life life November 1, 2016 Ch. 5 Pt. A Application Notes: Commentary to Sentencing Table 1. 2. 3. 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. In rare cases, a total offense level of less than 1 or more than 43 may result from application of the guidelines. A total offense level of less than 1 is to be treated as an offense level of 1. An offense level of more than 43 is to be treated as an offense level of 43. The Criminal History Category is determined by the total criminal history points from Chap- ter Four, Part A, except as provided in §§4B1.1 (Career Offender) and 4B1.4 (Armed Career Criminal). The total criminal history points associated with each Criminal History Category are shown under each Criminal History Category in the Sentencing Table. Historical Note Effective November 1, 1987. Amended effective November 1, 1989 (amendment 270); November 1, 1991 (amendment 418); November 1, 1992 (amendment 462); November 1, 2010 (amendment 738). 418 ║ Guidelines Manual (November 1, 2024) §5B1.1 PART B ― PROBATION Introductory Commentary The Comprehensive Crime Control Act of 1984 makes probation a sentence in and of itself. 18 U.S.C. § 3561. Probation may be used as an alternative to incarceration, provided that the terms and conditions of probation can be fashioned so as to meet fully the statutory purposes of sentencing, including promoting respect for law, providing just punishment for the offense, achieving general de- terrence, and protecting the public from further crimes by the defendant. Historical Note Effective November 1, 1987.