U.S.S.G. § 2A1.4
Involuntary Manslaughter
(a) Base Offense Level:
(1) 12, if the offense involved criminally negligent conduct; or
(2) (Apply the greater):
(A) 18, if the offense involved reckless conduct; or
(B) 22, if the offense involved the reckless operation of a means of transportation.
(b) Special Instruction
(1) If the offense involved the involuntary manslaughter of more than one person, Chapter Three, Part D (Multiple Counts) shall be applied as if the involuntary manslaughter of each person had been contained in a separate count of conviction.
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).Application Note:
1. Definitions.—For purposes of this guideline:"Criminally negligent" means conduct that involves a gross deviation from the standard of care that a reasonable person would exercise under the circumstances, but which is not reckless. Offenses with this characteristic usually will be encountered as assimilative crimes.
"Means of transportation" includes a motor vehicle (including an automobile or a boat) and a mass transportation vehicle. "Mass transportation" has the meaning given that term in 18 U.S.C. § 1992(d)(7).
"Reckless" means a situation in which the defendant was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. "Reckless" includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. § 1112. A homicide resulting from driving a means of transportation, or similarly dangerous actions, while under the influence of alcohol or drugs ordinarily should be treated as reckless.
Historical Note: Effective November 1, 1987. Amended effective November 1, 2002 (amendment 637); November 1, 2003 (amendment 652); November 1, 2004 (amendment 663); November 1, 2006 (amendment 685); November 1, 2007 (amendment 699).
Notes of Decisions
Cited in 177
cases (27 in the last 5 years), 1991–2026 · leading case: United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007).
United States v. Gonzalez, 492 F.3d 1031 (9th Cir. 2007). “" However, Application Note 1 to U.S.S.G. § 2A1.4 defines the term "reckless" in the context of involuntary manslaughter as a situation in which the defendant "was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk…”
United States v. Lente, 323 F. App'x 698 (10th Cir. 2009). “The Presentence Report (“PSR”) computed an advisory Guidelines range of 46 to 57 months.”
United States v. Gomez-Leon, 545 F.3d 777 (9th Cir. 2008). “See U.S.S.G. § 2A1.4 (providing distinct base offense levels for federal crime of involuntary manslaughter according to whether the defendant possessed mens rea of recklessness or criminal negligence); see also Dominguez-Ochoa, 386 F.”
United States v. Conatser, 514 F.3d 508 (6th Cir. 2008). “2, or the substantially lower base offense level applicable to involuntary manslaughter, USSG § 2A1.4. The district judge explained' that, in his view, the record reflected malice aforethought and culpability for second degree murder.”
United States v. Michael C. O'Brien, 238 F.3d 822 (7th Cir. 2001). “44 (1), arguing that the district court erred by finding his conduct “reckless” under U.S.S.G. § 2A1.4 and by calculating his sentence accordingly.”
United States v. Wolfe, 435 F.3d 1289 (10th Cir. 2006). “Pursuant to those calculations, the district court started with the base offense level for involuntary manslaughter under U.S.S.G. § 2A1.4. Section 2A1.4 actually sets forth two different base offense levels for involuntary manslaughter: “10, if the conduct was criminally…”
United States v. Dominguez-Ochoa, 386 F.3d 639 (5th Cir. 2004). “U.S.S.G. § 2A1.4 cmt. 2 (emphasis added).”
United States v. Francis X. Livoti, 196 F.3d 322 (2d Cir. 1999). “1 adequately considers his extreme conduct because it incorporates the guideline applicable to the underlying offense, namely, the involuntary manslaughter guideline, see U.S.S.G. § 2A1.4, and because the manslaughter guideline, in turn, provides for a base offense level which…”
United States v. Richard Hicks, 389 F.3d 514 (5th Cir. 2004). “of another offense [and] ... if death resulted,” a district court should apply “the most analogous [homicide] offense guideline” to determine the defendant’s base offense level, provided that the resulting offense level is greater than the otherwise-applicable level under § 2K2.”
United States v. Singer, 825 F.3d 1151 (10th Cir. 2016). “The PSR, in accordance with U.S.S.G. § 2A1.4, applied a base offense level of 22.”
United States v. Willette Whiteskunk, 162 F.3d 1244 (10th Cir. 1998). “The court found U.S.S.G. § 2A1.4 “already took into account” the defendant’s reckless driving as evidenced by the base offense level increase from ten to fourteen.”
United States v. Lente, 647 F.3d 1021 (10th Cir. 2011). “For each of the three involuntary manslaughter convictions, the PSR assigned a base offense level of 22 under U.S.S.G. § 2A1.4. Twenty-two is the highest base offense level under that provision and is reserved for those instances in which “the offense involved the reckless…”
— U.S.S.G. §2A1.4(2) — 1 case
United States v. Livoti, 22 F. Supp. 2d 235 (S.D.N.Y. 1998).
— U.S.S.G. §2A1.4(a) — 2 cases
United States v. William Thomas Semsak, 336 F.3d 1123 (9th Cir. 2003).
United States v. Holliday, 72 F. App'x 689 (9th Cir. 2003).
— U.S.S.G. §2A1.4(a)(1) — 6 cases
United States v. Fortier, 180 F.3d 1217 (10th Cir. 1999).
United States v. Clark, 981 F.3d 1154 (10th Cir. 2020).
United States v. Mauricio Alvarez (11th Cir. 2020).
United States v. Clark, 980 F.3d 746 (10th Cir. 2020).
Lloyd v. USA - 2255 (D. Maryland 2019).
— U.S.S.G. §2A1.4(a)(2) — 13 cases
United States v. Francis X. Livoti, 196 F.3d 322 (2d Cir. 1999). “1 adequately considers his extreme conduct because it incorporates the guideline applicable to the underlying offense, namely, the involuntary manslaughter guideline, see U.S.S.G. § 2A1.4, and because the manslaughter guideline, in turn, provides for a base offense level which…”
United States v. Willette Whiteskunk, 162 F.3d 1244 (10th Cir. 1998). “The court found U.S.S.G. § 2A1.4 “already took into account” the defendant’s reckless driving as evidenced by the base offense level increase from ten to fourteen.”
United States v. Narkey Keval Terry, 142 F.3d 702 (4th Cir. 1998).
United States v. Bryce Axline, 93 F.4th 1002 (6th Cir. 2024).
United States v. Ruben F. Sasnett, 925 F.2d 392 (11th Cir. 1991).
— U.S.S.G. §2A1.4(a)(2)(A) — 3 cases
United States v. Maestas, 642 F.3d 1315 (10th Cir. 2011).
United States v. Thomas Sweger, 413 F. App'x 451 (3rd Cir. 2011).
United States v. Hicks-Bailey (2d Cir. 2018).
— U.S.S.G. §2A1.4(a)(2)(B) — 6 cases
United States v. Lente, 323 F. App'x 698 (10th Cir. 2009). “The Presentence Report (“PSR”) computed an advisory Guidelines range of 46 to 57 months.”
United States v. Lente, 647 F.3d 1021 (10th Cir. 2011). “For each of the three involuntary manslaughter convictions, the PSR assigned a base offense level of 22 under U.S.S.G. § 2A1.4. Twenty-two is the highest base offense level under that provision and is reserved for those instances in which “the offense involved the reckless…”
United States v. Singer, 825 F.3d 1151 (10th Cir. 2016). “The PSR, in accordance with U.S.S.G. § 2A1.4, applied a base offense level of 22.”
United States v. Yazzie, 704 F. App'x 767 (10th Cir. 2017).
United States v. Mauricio Alvarez (11th Cir. 2020).
— U.S.S.G. §2A1.4(a)(l) — 4 cases
United States v. Dominguez-Ochoa, 386 F.3d 639 (5th Cir. 2004). “U.S.S.G. § 2A1.4 cmt. 2 (emphasis added).”
United States v. Michael T. McHugh, 122 F.3d 153 (2d Cir. 1997).
United States v. Ruben F. Sasnett, 925 F.2d 392 (11th Cir. 1991).
United States v. Livoti, 22 F. Supp. 2d 235 (S.D.N.Y. 1998).
— U.S.S.G. §2A1.4(b) — 1 case
United States v. Lente, 323 F. App'x 698 (10th Cir. 2009). “The Presentence Report (“PSR”) computed an advisory Guidelines range of 46 to 57 months.”
— U.S.S.G. §2A1.4(b)(l) — 1 case
United States v. Lente, 759 F.3d 1149 (10th Cir. 2014).
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