U.S.S.G. § 1B1.9
Class B or C Misdemeanors and Infractions
The sentencing guidelines do not apply to any count of conviction that is a Class B or C misdemeanor or an infraction.
Commentary
Application Notes:
1. Notwithstanding any other provision of the guidelines, the court may impose any sentence authorized by statute for each count that is a Class B or C misdemeanor or an infraction. A Class B misdemeanor is any offense for which the maximum authorized term of imprisonment is more than thirty days but not more than six months; a Class C misdemeanor is any offense for which the maximum authorized term of imprisonment is more than five days but not more than thirty days; an infraction is any offense for which the maximum authorized term of imprisonment is not more than five days or for which no imprisonment is authorized. See 18 U.S.C. § 3559. 2. The guidelines for sentencing on multiple counts do not apply to counts that are Class B or C misdemeanors or infractions. Sentences for such offenses may be consecutive to or concurrent with sentences imposed on other counts. In imposing sentence, the court should, however, consider the relationship between the Class B or C misdemeanor or infraction and any other offenses of which the defendant is convicted. For example, in a case where the defendant wore or displayed an official, or counterfeit official, insignia or uniform received in violation of 18 U.S.C. § 716 while committing an offense covered by the guidelines, it would be appropriate for the court to consider this fact as an aggravating factor in determining the appropriate sentence even though section 716 is a Class B misdemeanor not covered by the guidelines. See Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. 109–162, § 1191(c). Background: For the sake of judicial economy, the Commission has exempted all Class B and C misdemeanors and infractions from the coverage of the guidelines.Historical Note: Effective June 15, 1988 (amendment 6). Amended effective November 1, 1989 (amendment 81); November 1, 2010 (amendment 746); November 1, 2025 (amendment 836).
Notes of Decisions
Cited in 49
cases (12 in the last 5 years), 1990–2026 · leading case: United States v. Pettigrew, 468 F.3d 626 (10th Cir. 2006).
United States v. Pettigrew, 468 F.3d 626 (10th Cir. 2006). “See U.S.S.G. § 1B1.9. Under the grouping rules in § 3D1.”
United States v. Quintero, 618 F.3d 746 (7th Cir. 2010). “See U.S.S.G. § 1B1.9. The court also sentenced Quintero to 120 months’ imprisonment on count two, to run consecutively with the sentence imposed for the other counts.”
United States v. Gary Burgess Rollins, 378 F.3d 535 (6th Cir. 2004). “2(e)(2) represents a “term of art” derived from U.S.S.G. § 1B1.9 and 18 U.S.C. § 3559 . 922 F.”
United States v. Ricardo Vasquez, 389 F.3d 65 (2d Cir. 2004). “§ 3559 (a)(7), which is not subject to the Guidelines, see U.S.S.G. § 1B1.9. The presentenee report (“PSR”) recommended the base offense level of 6 for the false statement count, see U.”
United States v. James Little, 78 F.4th 453 (D.C. Cir. 2023). “§ 3553 (b) (in absence of a sentencing guideline, “court shall impose an appropriate sentence, having due regard for the purposes set forth in subsection (a)(2)”); U.S.S.G. § 1B1.9 (sentencing guidelines do not apply to Class B and C misdemeanors or infractions).”
United States v. Norma Burgos-Andjar, 275 F.3d 23 (1st Cir. 2001). “§ 3559 (a)(7), and not subject to the Sentencing Guidelines, see U.S.S.G. § 1B1.9, we generally review sentences under section 1382 to determine if they are “plainly unreasonable.”
United States v. Larry G. Thomas, 68 F.3d 392 (10th Cir. 1995). “” U.S.S.G. § 1B1.9. Without distinguishing between state or federal statutes the application note states, “[T]he court may impose any sentence authorized by statute for each count that is a Class B or C misdemeanor or an infraction,” id.”
United States v. Alicia Rodriguez-Morales A/K/A Gloria Hernandez, 958 F.2d 1441 (8th Cir. 1992). “3 (application notes define terms contained in each section, while the background describes the statutory origin of each section); U.S.S.G. § 1B1.9 (application notes explain how a court may impose sentence for Class B or C misdemeanors, while background *1449 commentary…”
United States of Am., Cross-Appellant v. John Kingston, Cross-Appellee, 922 F.2d 1234 (6th Cir. 1990). “The Ai-chele court noted that U.S.S.G. § 1B1.9 also defines “infraction” as an offense with a maximum term of imprisonment of five days or less.”
United States v. Andrew Leander Pierce, 75 F.3d 173 (4th Cir. 1996). “3d at 116 ; see also U.S.S.G. § 1B1.9. Pierce is also exempt from Chapter 7 provisions, regarding probation revocation.”
United States v. Concha, 294 F.3d 1248 (10th Cir. 2002). “See U.S.S.G. § 1B1.9. Accordingly, the convictions that are too old to be included in Mr.”
United States v. Bichsel, 156 F.3d 1148 (11th Cir. 1998). “See U.S.S.G. § 1B1.9 (1997). The defendants’ sentences thus may be disturbed on appeal only if they were imposed in violation of law (such as by exceeding statutory limits) or are “plainly unreasonable.”
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