US · guidelines
U.S.S.G. §1B1.7
Significance of Commentary
The Commentary that accompanies the guideline sections may serve a number
of purposes. It may interpret the guideline or explain how it is to be applied.
Failure to follow such commentary could constitute an incorrect application of
the guidelines, subjecting the sentence to possible reversal on appeal.
See 18 U.S.C. § 3742. In addition, the commentary may provide background information, including factors considered in promulgating the guideline or reasons underlying promulgation of the guideline.
Commentary
Portions of this document not labeled as guidelines or commentary also express the policy of the
Commission or provide guidance as to the interpretation and application of the guidelines. These are
to be construed as commentary and thus have the force of policy statements.
“[C]ommentary in the Guidelines Manual that interprets or explains a guideline is authoritative
unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous
reading of, that guideline.” Stinson v. United States, 508 U.S. 36, 38 (1993).
History
Effective November 1, 1987. Amended effective November 1, 1993 (amendment 498); November 1, 2025 (amendment 836).
Provenance
- Source
- ussc.gov
- Retrieved
- 2026-09-20
- Edition
- ussg-2025
- Content hash
1b941f0464630f84bfed7e00687d447289ff9c43c3803741d7e17b8c04529a8a
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Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.