U.S.S.G. § 2A3.6

Aggravated Offenses Relating to Registration as a Sex Offender

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If the defendant was convicted under–

(a)      18 U.S.C. § 2250(d), the guideline sentence is the minimum term of imprisonment required by statute; or

(b)      18 U.S.C. § 2260A, the guideline sentence is the term of imprisonment required by statute. 

Chapters Three (Adjustments) and Four (Criminal History and Criminal Livelihood) shall not apply to any count of conviction covered by this guideline.

 

Commentary

Statutory Provisions: 18 U.S.C. §§ 2250(d), 2260A.

Application Notes:

1.      In General.—Section 2250(d) of title 18, United States Code, provides a mandatory minimum term of five years’ imprisonment and a statutory maximum term of 30 years’ imprisonment. The statute also requires a sentence to be imposed consecutively to any sentence imposed for a conviction under 18 U.S.C. § 2250(a) or (b). Section 2260A of title 18, United States Code, provides a term of imprisonment of 10 years that is required to be imposed consecutively to any sentence imposed for an offense enumerated under that section.

2.      Inapplicability of Chapters Three and Four.—Do not apply Chapters Three (Adjustments) and Four (Criminal History and Criminal Livelihood) to any offense sentenced under this guideline.  Such offenses are excluded from application of those chapters because the guideline sentence for each offense is determined only by the relevant statute.  See §§3D1.1 (Procedure for Determining Offense Level on Multiple Counts) and 5G1.2 (Sentencing on Multiple Counts of Conviction).

3.      Inapplicability of Chapter Two Enhancement.—If a sentence under this guideline is imposed in conjunction with a sentence for an underlying offense, do not apply any specific offense characteristic that is based on the same conduct as the conduct comprising the conviction under 18 U.S.C. § 2250(d) or § 2260A.

Historical Note:  Effective November 1, 2007 (amendment 701). Amended effective November 1, 2018 (amendment 812); November 1, 2025 (amendment 836).

 

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4.      KIDNAPPING, ABDUCTION, OR UNLAWFUL RESTRAINT


 

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2016–2025 · leading case: United States v. Roy Joey, 845 F.3d 1291 (9th Cir. 2017).
United States v. Roy Joey, 845 F.3d 1291 (9th Cir. 2017). “” U.S.S.G. § 2A3.6. Application Note 3 to § 2A3.”
United States v. Michael Shepard, 658 F. App'x 260 (6th Cir. 2016). “That the process for determining a base offense level under U.S.S.G. § 2A3.6 entails several steps does not render it unconstitutionally vague.”
United States v. Clayton Junior Thornburg (11th Cir. 2019). “10 Case: 18-10440 Date Filed: 02/01/2019 Page: 11 of 21 The PSI also noted that, pursuant to U.S.S.G. § 2A3.6(b), Count 3 (committing a felony offense involving a minor while being required to register as a sex offender) had a mandatory ten-year term of imprisonment, to run…”
United States v. Ronald Roscoe (11th Cir. 2021). “” U.S.S.G. § 2A3.6(b). It further provides that Chapter Four of the guidelines does not apply to § 2260A convictions.”
United States v. Imran Ahmed Siddiqi (11th Cir. 2025). “See U.S.S.G. § 2A3.6(b). The district court began Siddiqi’s sentencing hearing by ac- knowledging these guidelines twice.”
— U.S.S.G. §2A3.6(b) — 3 cases
United States v. Clayton Junior Thornburg (11th Cir. 2019). “10 Case: 18-10440 Date Filed: 02/01/2019 Page: 11 of 21 The PSI also noted that, pursuant to U.S.S.G. § 2A3.6(b), Count 3 (committing a felony offense involving a minor while being required to register as a sex offender) had a mandatory ten-year term of imprisonment, to run…”
United States v. Ronald Roscoe (11th Cir. 2021). “” U.S.S.G. § 2A3.6(b). It further provides that Chapter Four of the guidelines does not apply to § 2260A convictions.”
United States v. Imran Ahmed Siddiqi (11th Cir. 2025). “See U.S.S.G. § 2A3.6(b). The district court began Siddiqi’s sentencing hearing by ac- knowledging these guidelines twice.”
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