U.S.S.G. § 2B1.6
Aggravated Identity Theft
(a) If the defendant was convicted of violating 18 U.S.C. § 1028A, 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 that count of conviction.
Commentary
Statutory Provision: 18 U.S.C. § 1028A. For additional statutory provision(s), see Appendix A (Statutory Index).Application Notes:
1. Imposition of Sentence.—(A) In General.—Section 1028A of title 18, United States Code, provides a mandatory term of imprisonment. Accordingly, the guideline sentence for a defendant convicted under 18 U.S.C. § 1028A is the term required by that statute. Except as provided in subparagraph (B), 18 U.S.C. § 1028A also requires a term of imprisonment imposed under this section to run consecutively to any other term of imprisonment.
(B) Multiple Convictions Under Section 1028A.—Section 1028A(b)(4) of title 18, United States Code, provides that in the case of multiple convictions under 18 U.S.C. § 1028A, the terms of imprisonment imposed on such counts may, in the discretion of the court, run concurrently, in whole or in part, with each other. See the Commentary to §5G1.2 (Sentencing on Multiple Counts of Conviction) for guidance regarding imposition of sentence on multiple counts of 18 U.S.C. § 1028A.
Historical Note: Effective November 1, 2005 (amendment 677). Amended effective November 1, 2024 (amendment 831).
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2. BURGLARY AND TRESPASS
Notes of Decisions
Cited in 97
cases (14 in the last 5 years), 2007–2025 · leading case: United States v. Flete-Garcia, 925 F.3d 17 (1st Cir. 2019).
United States v. Flete-Garcia, 925 F.3d 17 (1st Cir. 2019). “is imposed in conjunction with a sentence for an underlying offense," the sentencing court should "not apply any specific offense characteristic for the transfer, possession, or use of a means of identification" in fashioning the sentence for the underlying offense.”
United States v. Stanley Presendieu, 880 F.3d 1228 (11th Cir. 2018). “” U.S.S.G. § 2B1.6 cmt. n.2 (2014). As this Court has recognized, “[t]his [§ 2B1.”
United States v. Jose Cruz, 713 F.3d 600 (11th Cir. 2013). “6 precludes the imposition of an enhancement based upon relevant conduct for their predicate offense, as a sentence under § 2B1.6 accounts for that conduct.”
United States v. Sylvester Knight, Jr., 506 F. App'x 440 (6th Cir. 2012). “Knight also argues that the district court’s loss calculation was erroneous, but under the theory that the commentary for U.S.S.G. § 2B1.6 precludes sentence enhancements when a defendant is charged with both Access Device Fraud and Aggravated Identity Theft.”
United States v. Jean Baptiste Charles, 757 F.3d 1222 (11th Cir. 2014). “” U.S.S.G. § 2B1.6 cmt. n. 2 (emphasis added).”
United States v. Doe, 661 F.3d 550 (11th Cir. 2011). “Pursuant to U.S.S.G. § 2B1.6 cmt. n.1(B), however, these two two-year terms could, in the court's discretion, run concurrently with each other.”
United States v. Lyons, 556 F.3d 703 (8th Cir. 2009). “See USSG § 2B1.6. For the conspiracy count, the PSR calculated a base offense level of 6 and recommended a two-level specific offense characteristic under USSG § 2Bl.”
United States v. Jones, 551 F.3d 19 (1st Cir. 2008). “As to Count Four, pursuant to U.S.S.G. § 2B1.6, the guideline sentence for a conviction of aggravated identity theft under 18 U.”
United States v. Reginald Doss, 741 F.3d 763 (7th Cir. 2013). “— If a sentence under this guideline is imposed in conjunction with a sentence for an underlying offense, do not apply any specific offense characteristic for the transfer, possession, or use of a means of identification when determining the sentence for the underlying offense.”
United States v. Dumitru, 991 F.3d 427 (2d Cir. 2021). “This resulted in a Guidelines range of 63 to 78 months’ imprisonment, to be followed by the mandatory and consecutive term of 24 months’ imprisonment, pursuant to U.S.S.G. § 2B1.6 and 18 U.S.C. § 1028A, for Dumitru’s aggravated Guidelines calculation .”
United States v. Gonzales, 844 F.3d 929 (10th Cir. 2016). “§ 1028A; see also USSG § 2B1.6 (guideline for aggravated identity theft).”
United States v. Omole, 523 F.3d 691 (7th Cir. 2008). “§ 1028A(a)(l), (b)(2); U.S.S.G. § 2B1.6(a). Thus, the total term Davis faced under the guidelines was 87 to 102 months’ imprisonment.”
— U.S.S.G. §2B1.6(a) — 19 cases
United States v. Flete-Garcia, 925 F.3d 17 (1st Cir. 2019). “is imposed in conjunction with a sentence for an underlying offense," the sentencing court should "not apply any specific offense characteristic for the transfer, possession, or use of a means of identification" in fashioning the sentence for the underlying offense.”
United States v. Omole, 523 F.3d 691 (7th Cir. 2008). “§ 1028A(a)(l), (b)(2); U.S.S.G. § 2B1.6(a). Thus, the total term Davis faced under the guidelines was 87 to 102 months’ imprisonment.”
United States v. Jean Baptiste Charles, 757 F.3d 1222 (11th Cir. 2014). “” U.S.S.G. § 2B1.6 cmt. n. 2 (emphasis added).”
United States v. Jose Cruz, 713 F.3d 600 (11th Cir. 2013). “6 precludes the imposition of an enhancement based upon relevant conduct for their predicate offense, as a sentence under § 2B1.6 accounts for that conduct.”
United States v. Xiao Yong Zheng, 762 F.3d 605 (7th Cir. 2014).
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