Applicability of Fine Guidelines

The provisions of §§8C2.2 through 8C2.9 apply to each count for which the ap- plicable guideline offense level is determined under: (a) §§2B1.1, 2B1.4, 2B2.3, 2B4.1, 2B5.3, 2B6.1; §§2C1.1, 2C1.2; §§2D1.7, 2D3.1, 2D3.2; 534 ║ Guidelines Manual (November 1, 2024) §8C2.2 §§2E3.1, 2E4.1, 2E5.1, 2E5.3; §2G3.1; §§2K1.1, 2K2.1; §2L1.1; §2N3.1; §2R1.1; §§2S1.1, 2S1.3; §§2T1.1, 2T1.4, 2T1.6, 2T1.7, 2T1.8, 2T1.9, 2T2.1, 2T2.2, 2T3.1; or (b) §§2E1.1, 2X1.1, 2X2.1, 2X3.1, 2X4.1, with respect to cases in which the of- fense level for the underlying offense is determined under one of the guide- line sections listed in subsection (a) above. Application Notes: Commentary 1. 2. If the Chapter Two offense guideline for a count is listed in subsection (a) or (b) above, and the applicable guideline results in the determination of the offense level by use of one of the listed guidelines, apply the provisions of §§8C2.2 through 8C2.9 to that count. For example, §§8C2.2 through 8C2.9 apply to an offense under §2K2.1 (an offense guideline listed in subsection (a)), unless the cross reference in that guideline requires the offense level to be determined under an offense guideline section not listed in subsection (a). If the Chapter Two offense guideline for a count is not listed in subsection (a) or (b) above, but the applicable guideline results in the determination of the offense level by use of a listed guide- line, apply the provisions of §§8C2.2 through 8C2.9 to that count. For example, where the conduct set forth in a count of conviction ordinarily referenced to §2N2.1 (an offense guideline not listed in subsection (a)) establishes §2B1.1 (Theft, Property Destruction, and Fraud) as the applicable offense guideline (an offense guideline listed in subsection (a)), §§8C2.2 through 8C2.9 would apply because the actual offense level is determined under §2B1.1 (Theft, Property Destruction, and Fraud). Background: The fine guidelines of this subpart apply only to offenses covered by the guideline sec- tions set forth in subsection (a) above. For example, the provisions of §§8C2.2 through 8C2.9 do not apply to counts for which the applicable guideline offense level is determined under Chapter Two, Part Q (Offenses Involving the Environment). For such cases, §8C2.10 (Determining the Fine for Other Counts) is applicable. Historical Note Effective November 1, 1991 (amendment 422). Amended effective November 1, 1992 (amendment 453); No- vember 1, 1993 (amendment 496); November 1, 2001 (amendments 617, 619, and 634); November 1, 2005 (amendment 679); November 1, 2018 (amendment 813).