U.S.S.G. §4B1.4

(a) A defendant who is subject to an enhanced sentence under the provisions

of 18 U.S.C. § 924(e) is an armed career criminal.

(b) The offense level for an armed career criminal is the greatest of:

(1) the offense level applicable from Chapters Two and Three; or

(2) the offense level from §4B1.1 (Career Offender) if applicable; or

(3) (A) 34, if the defendant used or possessed the firearm or ammunition

in connection with either a crime of violence, as defined in

§4B1.2(a), or a controlled substance offense, as defined in

§4B1.2(b), or if the firearm possessed by the defendant was of a

type described in 26 U.S.C. § 5845(a)*; or

(B) 33, otherwise.*

*If an adjustment from §3E1.1 (Acceptance of Responsibility) applies,

decrease the offense level by the number of levels corresponding to

that adjustment.

(c) The criminal history category for an armed career criminal is the greatest

of:

(1) the criminal history category from Chapter Four, Part A (Criminal

History), or §4B1.1 (Career Offender) if applicable; or

(2) Category VI, if the defendant used or possessed the firearm or ammunition in connection with either a crime of violence, as defined in

§4B1.2(a), or a controlled substance offense, as defined in §4B1.2(b),

or if the firearm possessed by the defendant was of a type described

in 26 U.S.C. § 5845(a); or

(3) Category IV.

Commentary

Application Notes:

1. This guideline applies in the case of a defendant subject to an enhanced sentence under 18 U.S.C.

§ 924(e). Under 18 U.S.C. § 924(e)(1), a defendant is subject to an enhanced sentence if the instant offense of conviction is a violation of 18 U.S.C. § 922(g) and the defendant has at least three

prior convictions for a “violent felony” or “serious drug offense,” or both, committed on occasions

different from one another. The terms “violent felony” and “serious drug offense” are defined

in 18 U.S.C. § 924(e)(2). It is to be noted that the definitions of “violent felony” and “serious drug

offense” in 18 U.S.C. § 924(e)(2) are not identical to the definitions of “crime of violence” and

“controlled substance offense” used in §4B1.1 (Career Offender), nor are the time periods for the

counting of prior sentences under §4A1.2 (Definitions and Instructions for Computing Criminal

History) applicable to the determination of whether a defendant is subject to an enhanced sentence under 18 U.S.C. § 924(e).

It is also to be noted that the procedural steps relative to the imposition of an enhanced sentence

under 18 U.S.C. § 924(e) are not set forth by statute and may vary to some extent from jurisdiction to jurisdiction.

2. Application of §4B1.4 in Cases Involving Convictions Under 18 U.S.C. § 844(h), § 924(c),

or § 929(a).—If a sentence under this guideline is imposed in conjunction with a sentence for a

conviction under 18 U.S.C. § 844(h), § 924(c), or § 929(a), do not apply either subsection (b)(3)(A)

or (c)(2). A sentence under 18 U.S.C. § 844(h), § 924(c), or § 929(a) accounts for the conduct covered by subsections (b)(3)(A) and (c)(2) because of the relatedness of the conduct covered by these

subsections to the conduct that forms the basis for the conviction under 18 U.S.C. § 844(h),

§ 924(c), or § 929(a).

Background: This section implements 18 U.S.C. § 924(e), which requires a minimum sentence of

imprisonment of fifteen years for a defendant who violates 18 U.S.C. § 922(g) and has three previous

convictions for a violent felony or a serious drug offense. If the offense level determined under this

section is greater than the offense level otherwise applicable, the offense level determined under this

section shall be applied. A minimum criminal history category (Category IV) is provided, reflecting

that each defendant to whom this section applies will have at least three prior convictions for serious

offenses.