Offense Level Calculations Clause Samples
The Offense Level Calculations clause defines how the severity of a criminal offense is determined for sentencing purposes. It typically outlines the factors and guidelines used to assign a numerical value or category to an offense, such as the nature of the crime, the defendant's role, and any aggravating or mitigating circumstances. This calculation directly impacts the recommended sentence range. The core function of this clause is to ensure consistency and fairness in sentencing by providing a standardized method for evaluating the seriousness of offenses.
Offense Level Calculations i. The base offense level for the offense of conviction is 26, pursuant to Guideline § 2M5.1(a)(1)(A), because such offense involved the evasion of national security controls or controls relating to the proliferation of nuclear, biological, or chemical weapons or materials.
ii. The base offense level for the stipulated offense is 26, pursuant to Guideline § 2M5.1(a)(1)(A), because such offense involved the evasion of national security controls or controls relating to the proliferation of nuclear, biological, or chemical weapons or materials.
iii. Pursuant to Guideline § 3D1.4, because the offense levels for the offense of conviction and the stipulated offense are not group, there are two Units and the offense level is increased by 2 levels.
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level is 8, pursuant to Guideline § 2B4.1(a).
ii. The offense level is increased by 14 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value of the bribes paid was approximately $592,000, which is more than $400,000, but less than $1,000,000.
iii. The offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense.
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level for Count One is 20, pursuant to Guideline § 2B3.1.
ii. The offense level for Count One must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was taken.
iii. The base offense level for Count Two is 20, pursuant to Guideline § 2B3.1.
iv. The offense level for Count Two must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because property of a financial institution was taken.
v. The offense level for the conduct stipulated in Paragraph 7 of this Agreement is level 20, pursuant to Guideline § 2B3.1.
vi. The offense level for the stipulated conduct must be increased by 2 levels to level 22, pursuant to Guideline § 2B3.1(b)(1), because it was intended that property of a financial institution be taken.
vii. The offense level of 22 must be increased 3 levels for a combined offense level of 25 pursuant to § 3D1.4.
viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
ix. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The parties further agree that the base offense level is 6 pursuant to Guideline § 2B1.1(a)(2).
ii. The parties further agree that the base offense level should be increased by 14 levels under Guideline § 2B1.1(b)(1)(H) because the amount of the loss incurred by Western Springs (and its successor bank) and the FDIC as a result of the offense and relevant conduct is more than $400,000 but not more than $1,000,000.
iii. It is the government’s position that the offense level should be increased by 2 levels under Guideline § 2B1.1(b)(10)(C) because the offense and relevant conduct involved sophisticated means. Defendant disagrees.
iv. It is the government’s position that the offense level should be increased by 2 levels under Guideline § 2B1.1(b)(15)(A) because defendant derived more than $1,000,000 in gross receipts from a financial institution, namely, Western Springs, as a result of the offense and relevant conduct. Defendant disagrees.
v. It is the government’s position that the offense level should be increased by 4 levels under Guideline § 3B1.1
(a) because defendant was an organizer and leader of criminal activity that involved five or more participants or was otherwise extensive. Defendant disagrees.
vi. The parties agree that the offense level should be increased by 2 levels under Guideline § 3B1.3 because defendant abused a position of trust in a manner that significantly facilitated the commission and concealment of the offense and relevant conduct.
vii. If the Court determines at the time of sentencing that defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine and restitution order that may be imposed by the Court in this case, a 2-level reduction in the offense level will be appropriate. The government reserves the right to take whatever position it deems appropriate at the time of sentencing with respect to whether defendant has accepted responsibility within the meaning of Guideline § 3E1.1(a).
viii. The parties agree that, in accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources ...
Offense Level Calculations i. The base offense level is 26 pursuant to Guidelines §§ 2T1.4(a)(1) and 2T4.1(K) because the actual tax loss was at least $24,824,834, which is greater than $9,500,000 but less than $25,000,000.
ii. Pursuant to Guideline § 2T1.1(b)(2), the offense level is increased two levels because the offense involved sophisticated means.
iii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
iv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level for defendant’s offense of conviction is 33, pursuant to Guideline §§ 2K1.4(c)(1), 2M6.1(c)(2) and 2A2.1(a)(1).
ii. Defendant’s offense level should be raised by 4 levels pursuant to Guideline § 2A2.1(b)(2) because defendant requested and received money for engaging in the offense conduct.
iii. Defendant’s offense level should be raised by 12 levels pursuant to Guideline § 3A1.4(a) because the offense of conviction involves and was intended to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(5).
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one- level reduction in the offense level.
Offense Level Calculations i. Counts 2 and 3 of the indictment group pursuant to Guideline § 3D1.2(d).
ii. The base offense level for the group is 20, pursuant to Guideline §§ 2T1.1(a)(1) and 2T4.1(H), because the loss amount stemming from the offense of conviction and related conduct is more than $550,000, but less than $1,500,000.
iii. The offense level is increased by 2 levels pursuant to Guideline § 2T1.4(b)
(1) because defendant was in the business of preparing or assisting in the preparation of tax returns.
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to her ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level is 7, pursuant to Guideline § 2B1.1(a)(1).
ii. The loss attributable to the offense and relevant conduct for which ▇▇▇▇▇▇ is responsible is approximately $708,274, which is more than $400,000, but less than $1,000,000, and therefore results in a 14 level increase in the offense level, pursuant to Guideline § 2B1.1(b)(1)(H).
iii. ▇▇▇▇▇▇ abused a position of private trust in the commission of the offense and relevant conduct by among other things, using her authority to access and make entries on customer loan account files in a manner that significantly facilitated the commission and concealment of the offense and relevant conduct, which therefore results in a 2 level increase in offense level, pursuant Guideline § 3B1.3.
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level for Count One is 7, pursuant to Guideline § 2B1.1(a)(1). The loss to victim individuals and/or local financial institutions as a result of the scheme and relevant conduct is at least $30,000 and as a result, the offense level is increased by 6 levels, to 13, pursuant to Guideline § 2B1.1(b)(1)(D). The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels, to 15, pursuant to Guideline § 2B1.1(b)(2)(C).
ii. Pursuant to Guideline § 2B1.6, the guideline sentence for Count Two is the term of imprisonment required by Title 18, United States Code, Section 1028A. Pursuant to 18 U.S.C. § 1028A(a)(1), defendant must be sentenced to 2 years’ imprisonment, which must be ordered to run consecutively to any sentence of imprisonment imposed.
iii. The base offense level for Count Three is 6, pursuant to Guideline § 2B1.1(a)(2). The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels, to 8, pursuant to Guideline § 2B1.1(b)(2)(C).
iv. Pursuant to Guideline §§ 3D1.3(b) and 3D1.4, the base offense for Counts One and Three is 16.
v. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
vi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one- level reduction in the offense level.
Offense Level Calculations i. The base offense level is 6, pursuant to Guideline § 2B1.1(a)(2).
ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.