Class B or C Misdemeanors and Infractions

The sentencing guidelines do not apply to any count of conviction that is a Class B or C misdemeanor or an infraction. Application Notes: Commentary 1. Notwithstanding any other provision of the guidelines, the court may impose any sentence au- thorized by statute for each count that is a Class B or C misdemeanor or an infraction. A Class B misdemeanor is any offense for which the maximum authorized term of imprisonment is more than thirty days but not more than six months; a Class C misdemeanor is any offense for which the maximum authorized term of imprisonment is more than five days but not more than thirty days; an infraction is any offense for which the maximum authorized term of imprisonment is not more than five days or for which no imprisonment is authorized. See 18 U.S.C. § 3559. 2. The guidelines for sentencing on multiple counts do not apply to counts that are Class B or C misdemeanors or infractions. Sentences for such offenses may be consecutive to or concurrent with sentences imposed on other counts. In imposing sentence, the court should, however, con- sider the relationship between the Class B or C misdemeanor or infraction and any other offenses of which the defendant is convicted. Background: For the sake of judicial economy, the Commission has exempted all Class B and C mis- demeanors and infractions from the coverage of the guidelines. Historical Note Effective June 15, 1988 (amendment 6). Amended effective November 1, 1989 (amendment 81); November 1, 2010 (amendment 746). 38 ║ Guidelines Manual (November 1, 2024)