U.S.S.G. §1B1.9

The sentencing guidelines do not apply to any count of conviction that is a

Class B or C misdemeanor or an infraction.

Commentary

Application Notes:

1. Notwithstanding any other provision of the guidelines, the court may impose any sentence authorized 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, consider the relationship between the Class B or C misdemeanor or infraction and any other offenses

of which the defendant is convicted. For example, in a case where the defendant wore or displayed

an official, or counterfeit official, insignia or uniform received in violation of 18 U.S.C. § 716 while

committing an offense covered by the guidelines, it would be appropriate for the court to consider

this fact as an aggravating factor in determining the appropriate sentence even though section 716 is a Class B misdemeanor not covered by the guidelines. See Violence Against Women

and Department of Justice Reauthorization Act of 2005, Pub. L. 109–162, § 1191(c).

Background: For the sake of judicial economy, the Commission has exempted all Class B and C misdemeanors and infractions from the coverage of the guidelines.