US · guidelines
U.S.S.G. §5G1.1
Sentencing on a Single Count of Conviction
(a) Where the statutorily authorized maximum sentence is less than the minimum of the applicable guideline range, the statutorily authorized maximum sentence shall be the guideline sentence.
(b) Where a statutorily required minimum sentence is greater than the maximum of the applicable guideline range, the statutorily required minimum
sentence shall be the guideline sentence.
(c) In any other case, the sentence may be imposed at any point within the
applicable guideline range, provided that the sentence—
(1) is not greater than the statutorily authorized maximum sentence, and
(2) is not less than any statutorily required minimum sentence.
Commentary
This section describes how the statutorily authorized maximum sentence, or a statutorily required minimum sentence, may affect the determination of a sentence under the guidelines. For example, if the applicable guideline range is 51–63 months and the maximum sentence authorized by
statute for the offense of conviction is 48 months, the sentence required by the guidelines under subsection (a) is 48 months. If the applicable guideline range is 41–51 months and there is a statutorily
required minimum sentence of 60 months, the sentence required by the guidelines under subsection (b)
is 60 months. If the applicable guideline range is 51–63 months and the maximum sentence authorized
by statute for the offense of conviction is 60 months, the guideline range is restricted to 51–60 months
under subsection (c).
History
Effective November 1, 1987. Amended effective November 1, 1989 (amendment 286); November 1, 2025 (amendment 836).
Provenance
- Source
- ussc.gov
- Retrieved
- 2026-09-20
- Edition
- ussg-2025
- Content hash
7aa8baf9a81369f030e4ac6f04371038043b8b6d14f500f81ff555beb21d0a29
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