U.S.S.G. § 2A1.2
Second Degree Murder
(a) Base Offense Level: 38
Commentary
Statutory Provisions: 18 U.S.C. §§ 1111, 1841(a)(2)(C), 2199, 2282A, 2291, 2332b(a)(1), 2340A. For additional statutory provision(s), see Appendix A (Statutory Index).Historical Note: Effective November 1, 1987. Amended effective November 1, 2002 (amendment 637); November 1, 2004 (amendment 663); November 1, 2006 (amendment 685); November 1, 2007 (amendments 699 and 700); November 1, 2025 (amendment 836).
Notes of Decisions
Cited in 95
cases (14 in the last 5 years), 1991–2026 · leading case: United States v. Richard Hicks, 389 F.3d 514 (5th Cir. 2004).
United States v. Richard Hicks, 389 F.3d 514 (5th Cir. 2004). “APPLICATION OF THE SECOND-DEGREE MURDER GUIDELINE Hicks next contends that the district court erred at sentencing when it overruled his objection to the use of U.S.S.G. § 2A1.2, the second-degree murder guideline, to increase his offense level.”
United States v. Mark Hebert, 813 F.3d 551 (5th Cir. 2015). “The final PSR calculated an offense level of 44, based on a Base Offense Level of 38 for second degree murder pursuant to U.S.S.G. § 2A1.2, once again citing Paragraph J of the Indictment in applying the cross-reference provision of U.”
United States v. Conatser, 514 F.3d 508 (6th Cir. 2008). “[6] There is no dispute that, unlike Conatser, the underlying offense was homicide and the critical determination was whether to apply the base offense level from the guideline applicable to second degree murder, USSG § 2A1.2, or the substantially lower base offense level…”
United States v. Pineda-Doval, 614 F.3d 1019 (9th Cir. 2010). “” Accordingly, it calculated the Guidelines sentence using the second-degree murder guideline, U.S.S.G. § 2A1.2, which produced a recommended sentence of life imprisonment.”
United States v. Angelos, 345 F. Supp. 2d 1227 (D. Utah 2004). “2(a)(l)_35_ Second-degree murderer U.S.S.G. § 2A1.2 Base Offense Level 168 Months _33_ Criminal who assaults with the intent to kill U.”
United States v. Deegan, 605 F.3d 625 (8th Cir. 2010). “The total offense level represented a base offense level of 33, USSG § 2A1.2 (1997), a two-level upward adjustment for knowledge of a vulnerable victim, id.”
United States v. Michael D. Milton, 27 F.3d 203 (6th Cir. 1994). “See U.S.S.G. § 2A1.2. The sentencing court found it was reasonably foreseeable from Milton’s actions of shooting into Beasley’s car that someone could be killed.”
United States v. Pruitt, 502 F.3d 1154 (10th Cir. 2007). “See U.S.S.G. § 2A1.2(a). Moreover, it does not matter, for sentencing purposes, whether Ms.”
United States v. Jonathan Wayne Larrabee, 436 F.3d 890 (8th Cir. 2006). “§ 1111 , see U.S.S.G. § 2A1.2 (2003), and a three-level downward adjustment for acceptance of responsibility, see U.”
United States v. Agnes Holbrook, 368 F.3d 415 (4th Cir. 2004). “Specifically, the parties disputed whether to cross-reference to the guideline for second degree murder (U.S.S.G. § 2A1.2), or to the guideline for voluntary man-slaughter (U.”
United States v. Anthony D. Barber, United States of Am. v. David L. Hodge, Jr., 119 F.3d 276 (4th Cir. 1997). “At sentencing — applying U.S.S.G. § 2A1.2, the guideline applicable to second-degree murder — the district court calculated Barber’s and Hodge’s base offense levels as 33, but reduced this by three levels for acceptance of responsibility, see U.”
United States v. Lemrick Nelson, Jr. & Charles Price, Also Known as Bald Black Man, 277 F.3d 164 (2d Cir. 2002). “8 See U.S.S.G. § 2A1.2. Accordingly (after denying several requests for 'downward departures), the district court sentenced Nelson principally to 235 months in prison and Price principally to 262 months in prison.”
— U.S.S.G. §2A1.2(a) — 14 cases
United States v. Pruitt, 502 F.3d 1154 (10th Cir. 2007). “See U.S.S.G. § 2A1.2(a). Moreover, it does not matter, for sentencing purposes, whether Ms.”
United States v. Michael S. Menzer, 29 F.3d 1223 (7th Cir. 1994).
United States v. Ahmed Abukhatallah, 41 F.4th 608 (D.C. Cir. 2022).
United States v. Anthony Harris, 552 F. App'x 432 (6th Cir. 2014).
United States v. Newhouse, 919 F. Supp. 2d 955 (N.D. Iowa 2013).
— U.S.S.G. §2A1.2(b)(2)(B) — 1 case
United States v. Murray, 82 F.3d 361 (10th Cir. 1996).
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