U.S.S.G. §4A1.1

The total points from subsections (a) through (e) determine the criminal history

category in the Sentencing Table in Chapter Five, Part A.

(a) Add 3 points for each prior sentence of imprisonment exceeding one year

and one month.

(b) Add 2 points for each prior sentence of imprisonment of at least sixty days

not counted in subsection (a).

(c) Add 1 point for each prior sentence not counted in subsection (a) or (b), up

to a total of 4 points for this subsection.

(d) Add 1 point for each prior sentence resulting from a conviction of a crime

of violence that did not receive any points under subsection (a), (b), or (c)

above because such sentence was treated as a single sentence, up to a total

of 3 points for this subsection.

(e) Add 1 point if the defendant (1) receives 7 or more points under subsections (a) through (d), and (2) committed the instant offense while under

any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.

Commentary

The total criminal history points from §4A1.1 determine the criminal history category (I–VI) in

the Sentencing Table in Chapter Five, Part A. The definitions and instructions in §4A1.2 govern the

computation of the criminal history points. Therefore, §§4A1.1 and 4A1.2 must be read together. The

following notes highlight the interaction of §§4A1.1 and 4A1.2.

Application Notes:

1. §4A1.1(a).—Three points are added for each prior sentence of imprisonment exceeding one year

and one month. There is no limit to the number of points that may be counted under this subsection. The term “prior sentence” is defined at §4A1.2(a). The term “sentence of imprisonment”

is defined at §4A1.2(b). Where a prior sentence of imprisonment resulted from a revocation of

probation, parole, or a similar form of release, see §4A1.2(k).

Certain prior sentences are not counted or are counted only under certain conditions:

A sentence imposed more than fifteen years prior to the defendant’s commencement of the

instant offense is not counted unless the defendant’s incarceration extended into this fifteen-year period. See §4A1.2(e).

A sentence imposed for an offense committed prior to the defendant’s eighteenth birthday

is counted under this subsection only if it resulted from an adult conviction. See §4A1.2(d).

A sentence for a foreign conviction, a conviction that has been expunged, or an invalid conviction is not counted. See §4A1.2(h) and (j) and the Commentary to §4A1.2.

2. §4A1.1(b).—Two points are added for each prior sentence of imprisonment of at least sixty days

not counted in §4A1.1(a). There is no limit to the number of points that may be counted under

this subsection. The term “prior sentence” is defined at §4A1.2(a). The term “sentence of imprisonment” is defined at §4A1.2(b). Where a prior sentence of imprisonment resulted from a

revocation of probation, parole, or a similar form of release, see §4A1.2(k).

Certain prior sentences are not counted or are counted only under certain conditions:

A sentence imposed more than ten years prior to the defendant’s commencement of the

instant offense is not counted. See §4A1.2(e).

An adult or juvenile sentence imposed for an offense committed prior to the defendant’s

eighteenth birthday is counted only if confinement resulting from such sentence extended

into the five-year period preceding the defendant’s commencement of the instant offense.

See §4A1.2(d).

Sentences for certain specified non-felony offenses are never counted. See §4A1.2(c)(2).

A sentence for a foreign conviction or a tribal court conviction, an expunged conviction, or

an invalid conviction is not counted. See §4A1.2(h), (i), (j), and the Commentary to §4A1.2.

A military sentence is counted only if imposed by a general or special court-martial.

See §4A1.2(g).

3. §4A1.1(c).—One point is added for each prior sentence not counted under §4A1.1(a) or (b). A

maximum of four points may be counted under this subsection. The term “prior sentence” is

defined at §4A1.2(a).

Certain prior sentences are not counted or are counted only under certain conditions:

A sentence imposed more than ten years prior to the defendant’s commencement of the

instant offense is not counted. See §4A1.2(e).

An adult or juvenile sentence imposed for an offense committed prior to the defendant’s

eighteenth birthday is counted only if imposed within five years of the defendant’s commencement of the current offense. See §4A1.2(d).

Sentences for certain specified non-felony offenses are counted only if they meet certain

requirements. See §4A1.2(c)(1).

Sentences for certain specified non-felony offenses are never counted. See §4A1.2(c)(2).

A diversionary disposition is counted only where there is a finding or admission of guilt in

a judicial proceeding. See §4A1.2(f).

A sentence for a foreign conviction, a tribal court conviction, an expunged conviction, or an

invalid conviction, is not counted. See §4A1.2(h), (i), (j), and the Commentary to §4A1.2.

A military sentence is counted only if imposed by a general or special court-martial.

See §4A1.2(g).

4. §4A1.1(d).—In a case in which the defendant received two or more prior sentences as a result of

convictions for crimes of violence that are treated as a single sentence (see §4A1.2(a)(2)), one point

is added under §4A1.1(d) for each such sentence that did not result in any additional points under

§4A1.1(a), (b), or (c). A total of up to 3 points may be added under §4A1.1(d). For purposes of this

guideline, “crime of violence” has the meaning given that term in §4B1.2(a). See §4A1.2(p).

For example, a defendant’s criminal history includes two robbery convictions for offenses committed on different occasions. The sentences for these offenses were imposed on the same day

and are treated as a single prior sentence. See §4A1.2(a)(2). If the defendant received a five-year

sentence of imprisonment for one robbery and a four-year sentence of imprisonment for the other

robbery (consecutively or concurrently), a total of 3 points is added under §4A1.1(a). An additional point is added under §4A1.1(d) because the second sentence did not result in any additional

point(s) (under §4A1.1(a), (b), or (c)). In contrast, if the defendant received a one-year sentence

of imprisonment for one robbery and a nine-month consecutive sentence of imprisonment for the

other robbery, a total of 3 points also is added under §4A1.1(a) (a one-year sentence of imprisonment and a consecutive nine-month sentence of imprisonment are treated as a combined one-year-nine-month sentence of imprisonment). But no additional point is added under §4A1.1(d)

because the sentence for the second robbery already resulted in an additional point under

§4A1.1(a). Without the second sentence, the defendant would only have received two points under

§4A1.1(b) for the one-year sentence of imprisonment.

5. §4A1.1(e).—One point is added if the defendant (1) receives 7 or more points under §4A1.1(a)

through (d), and (2) committed any part of the instant offense (i.e., any relevant conduct) while

under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status. Failure to report for service of a sentence of imprisonment

is to be treated as an escape from such sentence. See §4A1.2(n). For the purposes of this subsection, a “criminal justice sentence” means a sentence countable under §4A1.2 (Definitions and

Instructions for Computing Criminal History) having a custodial or supervisory component, although active supervision is not required for this subsection to apply. For example, a term of

unsupervised probation would be included; but a sentence to pay a fine, by itself, would not be

included. A defendant who commits the instant offense while a violation warrant from a prior

sentence is outstanding (e.g., a probation, parole, or supervised release violation warrant) shall

be deemed to be under a criminal justice sentence for the purposes of this provision if that sentence is otherwise countable, even if that sentence would have expired absent such warrant.

See §4A1.2(m).

Background: Prior convictions may represent convictions in the federal system, fifty state systems,

the District of Columbia, territories, and foreign, tribal, and military courts. There are jurisdictional

variations in offense definitions, sentencing structures, and manner of sentence pronouncement. To

minimize problems with imperfect measures of past crime seriousness, criminal history categories are

based on the maximum term imposed in previous sentences rather than on other measures, such as

whether the conviction was designated a felony or misdemeanor.

Subsections (a), (b), and (c) of §4A1.1 distinguish confinement sentences longer than one year

and one month, shorter confinement sentences of at least sixty days, and all other sentences, such as

confinement sentences of less than sixty days, probation, fines, and residency in a halfway house.

Section 4A1.1(e) adds one point if the defendant receives 7 or more points under §4A1.1(a)

through (d) and was under a criminal justice sentence during any part of the instant offense.