Chapter 2 Adjustments - §2B1.6

Set base offense level and special offense characteristics (SOCs).

Aggravated Identity Theft

Base Offense Level

Note: If the defendant was convicted of violating 18 U.S.C. § 1028A, the guideline sentence is the term of imprisonment required by statute. Chapters Three (Adjustments) and Four (Criminal History and Criminal Livelihood) shall not apply to that count of conviction.

Total Offense Level:0

Statutory Provisions:

  • 18 U.S.C. § 1028A

Statutory Minimum & Consecutive Sentencing Requirements

Mandatory Minimum Terms:
18 U.S.C. § 1028A2 years (first offense) / 5 years (terrorism offense)

Offense: Aggravated identity theft

Conditions: Mandatory term of imprisonment required by statute

Consecutive to: Any other term of imprisonment

Special Provisions: Chapters Three and Four adjustments do not apply

Consecutive Sentencing Requirements:
18 U.S.C. § 1028A

Offense: Aggravated identity theft

Consecutive to: Any other term of imprisonment

Conditions: General rule - runs consecutively to other sentences

Notes: Mandatory consecutive unless multiple § 1028A convictions

Concurrent Sentencing Exceptions:
18 U.S.C. § 1028A(b)(4)

Conditions: Multiple convictions under 18 U.S.C. § 1028A

Notes: Terms may run concurrently with each other at court's discretion

Limitation: Only applies to multiple § 1028A counts, not other offenses

Chapter Exclusions:
  • Chapter Three (Adjustments) do not apply
  • Chapter Four (Criminal History and Criminal Livelihood) do not apply
  • Chapter Two enhancements for means of identification do not apply to underlying offense
Special Notes:
  • Guideline sentence determined only by relevant statute
  • Accounts for means of identification factor in underlying offense
  • See §5G1.2 for multiple count sentencing guidance