U.S.S.G. § 2A1.3
Voluntary Manslaughter
(a) Base Offense Level: 29
Commentary
Statutory Provisions: 18 U.S.C. §§ 1112, 1841(a)(2)(C), 2199, 2291, 2332b(a)(1). 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 (amendment 699).
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1994–2025 · leading case: United States v. Lemrick Nelson, Jr. & Charles Price, Also Known as Bald Black Man, 277 F.3d 164 (2d Cir. 2002).
United States v. Lemrick Nelson, Jr. & Charles Price, Also Known as Bald Black Man, 277 F.3d 164 (2d Cir. 2002). “See U.S.S.G. § 2A1.3. . The State Action Doctrine refers to the constitutional guarantee under Section One of the Fourteenth Amendment that "no State shall deprive any person of life, liberty, or property, without due process of law,' nor deny to any person 'equal protection of…”
United States v. Michael Smith, 821 F.3d 1293 (11th Cir. 2016). “See U.S.S.G. § 2A1.3. He claimed that he did not have the intent necessary to allow application of the first-degree murder guideline because he acted under an impaired capacity and substantial distress.”
United States v. Cherry, 572 F.3d 829 (10th Cir. 2009). “Therefore it applied the voluntary- *831 manslaughter guideline, USSG § 2A1.3, which set Mr. Cherry’s base offense level at 29.”
United States v. Brad Eugene Branch, Kevin Whitecliff, Jaime Castillo, Renos Lenny Avraam, Paul Fatta & Graeme Leonard Craddock, 91 F.3d 699 (5th Cir. 1996). “The district court began with the base offense level of 25 from U.S.S.G. § 2A1.3 and added the 3-level enhancement for official victim pursuant to § 3A1.”
United States v. Mike Chase, 451 F.3d 474 (8th Cir. 2006). “See U.S.S.G. § 2A1.3. Voluntary manslaughter can be committed without the use of a weapon or dangerous instrumentality.”
United States v. Carter, 601 F.3d 252 (4th Cir. 2010). “at 324 (citing U.S.S.G. § 2A1.3 cmt. n. 1.).”
United States v. Edward Velazquez, Joseph Bergen, & Patrick Regnier, 246 F.3d 204 (2d Cir. 2001). “See U.S.S.G. § 2A1.3. *210 Because Judge Mishler’s reasons for identifying voluntary manslaughter as the underlying offense are critical to this appeal, we set forth his written explanation: Second degree murder requires a finding that the defendant killed the victim “with…”
United States v. Fortier, 180 F.3d 1217 (10th Cir. 1999). “The two remaining guidelines in Chapter 2A1 are the manslaughter guidelines: voluntary manslaughter, see 1994 U.S.S.G. § 2A1.3, and involuntary manslaughter, see id.”
United States v. Agnes Holbrook, 368 F.3d 415 (4th Cir. 2004). “2), or to the guideline for voluntary man-slaughter (U.S.S.G. § 2A1.3). The Government argued that the second degree murder guideline applied because Holbrook acted with malice.”
United States v. Lopez Quintero, 21 F.3d 885 (9th Cir. 1994). “See U.S.S.G. § 2A1.3. Consequently, the court could properly conclude that the defendant’s conduct is a “circumstance” that “should result in a sentence different from that described.”
United States v. Gregory Checora, Warrenell Cuch, Bobby Redcap, & Reuben Cuch, Jr., 175 F.3d 782 (10th Cir. 1999). “See 1995 U.S.S.G. § 2A1.3. The court then added two offense levels because Benjie Murray was a vulnerable victim, see id.”
United States v. Trimaine Jones, 313 F.3d 1019 (7th Cir. 2002). “2, and a base offense level of 25 for voluntary manslaughter, U.S.S.G. § 2A1.3. We have previously endorsed such an approach.”
— U.S.S.G. §2A1.3(a) — 1 case
United States v. Joshua Walker (6th Cir. 2021).
— U.S.S.G. §2A1.3(b)(5) — 1 case
United States v. Jim, 877 F. Supp. 2d 1018 (D.N.M. 2012).
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