U.S.S.G. §4C1.1

(a) ADJUSTMENT.—If the defendant meets all of the following criteria:

(1) the defendant did not receive any criminal history points from Chapter Four, Part A;

(2) the defendant did not receive an adjustment under §3A1.4 (Terrorism);

(3) the defendant did not use violence or credible threats of violence in

connection with the offense;

(4) the offense did not result in death or serious bodily injury;

(5) the instant offense of conviction is not a sex offense;

(6) the defendant did not personally cause substantial financial hardship;

(7) the defendant did not possess, receive, purchase, transport, transfer,

sell, or otherwise dispose of a firearm or other dangerous weapon (or

induce another participant to do so) in connection with the offense;

(8) the instant offense of conviction is not covered by §2H1.1 (Offenses

Involving Individual Rights);

(9) the defendant did not receive an adjustment under §3A1.1 (Hate

Crime Motivation or Vulnerable Victim) or §3A1.5 (Serious Human

Rights Offense);

(10) the defendant did not receive an adjustment under §3B1.1 (Aggravating Role); and

(11) the defendant was not engaged in a continuing criminal enterprise, as

defined in 21 U.S.C. § 848;

decrease the offense level determined under Chapters Two and Three by

2 levels.

(b) DEFINITIONS AND ADDITIONAL CONSIDERATIONS.—

(1) “Dangerous weapon,” “firearm,” “offense,” and “serious bodily

injury” have the meaning given those terms in the Commentary to

§1B1.1 (Application Instructions).

(2) “Sex offense” means (A) an offense under (i) chapter 109A of title 18,

United States Code; (ii) chapter 110 of title 18, not including a record-keeping offense; (iii) chapter 117 of title 18, not including transmitting information about a minor or filing a factual statement about an

alien individual; or (iv) 18 U.S.C. § 1591; or (B) an attempt or a conspiracy to commit any offense described in subparagraphs (A)(i)

through (iv) of this definition.

(3) In determining whether the defendant’s acts or omissions resulted in

“substantial financial hardship” to a victim, the court shall consider, among other things, the non-exhaustive list of factors provided

in Application Note 4(F) of the Commentary to §2B1.1 (Theft, Property Destruction, and Fraud).

Commentary

Application Note:

1. Application of Subsection (a)(6).—The application of subsection (a)(6) is to be determined

independently of the application of subsection (b)(2) of §2B1.1 (Theft, Property Destruction, and

Fraud).