U.S.S.G. §3D1.3

Determine the offense level applicable to each of the Groups as follows:

(a) In the case of counts grouped together pursuant to §3D1.2(a)–(c), the offense level applicable to a Group is the offense level, determined in accordance with Chapter Two and Parts A, B, and C of Chapter Three, for the

most serious of the counts comprising the Group, i.e., the highest offense

level of the counts in the Group.

(b) In the case of counts grouped together pursuant to §3D1.2(d), the offense

level applicable to a Group is the offense level corresponding to the aggregated quantity, determined in accordance with Chapter Two and Parts A,

B and C of Chapter Three. When the counts involve offenses of the same

general type to which different guidelines apply, apply the offense guideline that produces the highest offense level.

Commentary

Application Notes:

1. The “offense level” for a count refers to the offense level from Chapter Two after all adjustments

from Parts A, B, and C of Chapter Three.

2. When counts are grouped pursuant to §3D1.2(a)–(c), the highest offense level of the counts in the

group is used. Ordinarily, it is necessary to determine the offense level for each of the counts in

a Group in order to ensure that the highest is correctly identified. Sometimes, it will be clear that

one count in the Group cannot have a higher offense level than another, as with a count for an

attempt or conspiracy to commit the completed offense. The formal determination of the offense

level for such a count may be unnecessary.

3. When counts are grouped pursuant to §3D1.2(d), the offense guideline applicable to the aggregate

behavior is used. If the counts in the Group are covered by different guidelines, use the guideline

that produces the highest offense level. Determine whether the specific offense characteristics or

adjustments from Chapter Three, Parts A, B, and C apply based upon the combined offense behavior taken as a whole. Note that guidelines for similar property offenses have been coordinated

to produce identical offense levels, at least when substantial property losses are involved. However, when small sums are involved the differing specific offense characteristics that require increasing the offense level to a certain minimum may affect the outcome.

Background: This section provides rules for determining the offense level associated with each Group

of Closely Related Counts. Summary examples of the application of these rules are provided at the end

of the Commentary to this part.