Set base offense level and special offense characteristics (SOCs).

Selected Guideline: 2B1.6 - Aggravated Identity Theft

Total Offense Level:0

Statutory Provisions:

  • 18 U.S.C. § 1028A

Statutory Minimum & Consecutive Sentencing Requirements

Mandatory Minimum Terms:
18 U.S.C. § 1028A2 years (first offense) / 5 years (terrorism offense)

Offense: Aggravated identity theft

Conditions: Mandatory term of imprisonment required by statute

Consecutive to: Any other term of imprisonment

Special Provisions: Chapters Three and Four adjustments do not apply

Consecutive Sentencing Requirements:
18 U.S.C. § 1028A

Offense: Aggravated identity theft

Consecutive to: Any other term of imprisonment

Conditions: General rule - runs consecutively to other sentences

Notes: Mandatory consecutive unless multiple § 1028A convictions

Concurrent Sentencing Exceptions:
18 U.S.C. § 1028A(b)(4)

Conditions: Multiple convictions under 18 U.S.C. § 1028A

Notes: Terms may run concurrently with each other at court's discretion

Limitation: Only applies to multiple § 1028A counts, not other offenses

Chapter Exclusions:
  • Chapter Three (Adjustments) do not apply
  • Chapter Four (Criminal History and Criminal Livelihood) do not apply
  • Chapter Two enhancements for means of identification do not apply to underlying offense
Special Notes:
  • Guideline sentence determined only by relevant statute
  • Accounts for means of identification factor in underlying offense
  • See §5G1.2 for multiple count sentencing guidance