U.S.S.G. § 2B2.1
Burglary of a Residence or a Structure Other than a Residence
(a) Base Offense Level:
(1) 17, if a residence; or
(2) 12, if a structure other than a residence.
(b) Specific Offense Characteristics
(1) If the offense involved more than minimal planning, increase by 2 levels.
(2) If the loss exceeded $5,000, increase the offense level as follows:
| Loss (Apply the Greatest) | Increase in Level | |
| (A) | $5,000 or less | no increase |
| (B) | More than $5,000 | add 1 |
| (C) | More than $20,000 | add 2 |
| (D) | More than $95,000 | add 3 |
| (E) | More than $500,000 | add 4 |
| (F) | More than $1,500,000 | add 5 |
| (G) | More than $3,000,000 | add 6 |
| (H) | More than $5,000,000 | add 7 |
| (I) | More than $9,500,000 | add 8. |
(3) If a firearm, destructive device, or controlled substance was taken, or if the taking of such item was an object of the offense, increase by 1 level.
(4) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.
Commentary
Statutory Provisions: 18 U.S.C. §§ 2113(a), 2115, 2117, 2118(b). For additional statutory provision(s), see Appendix A (Statutory Index).Application Notes:
1. "Firearm," "destructive device," and "dangerous weapon" are defined in the Commentary to §1B1.1 (Application Instructions). 2. "Loss" means the value of the property taken, damaged, or destroyed. 3. Subsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense. 4. More than Minimal Planning.—"More than minimal planning" means more planning than is typical for commission of the offense in a simple form. "More than minimal planning" also exists if significant affirmative steps were taken to conceal the offense, other than conduct to which §3C1.1 (Obstructing or Impeding the Administration of Justice) applies. "More than minimal planning" shall be considered to be present in any case involving repeated acts over a period of time, unless it is clear that each instance was purely opportune. For example, checking the area to make sure no witnesses were present would not alone constitute more than minimal planning. By contrast, obtaining building plans to plot a particular course of entry, or disabling an alarm system, would constitute more than minimal planning. Background: The base offense level for residential burglary is higher than for other forms of burglary because of the increased risk of physical and psychological injury. Weapon possession, but not use, is a specific offense characteristic because use of a weapon (including to threaten) ordinarily would make the offense robbery.Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (amendment 11); June 15, 1988 (amendment 12); November 1, 1989 (amendments 105 and 106); November 1, 1990 (amendments 315 and 361); November 1, 1993 (amendment 481); November 1, 2001 (amendment 617)); November 1, 2014 (amendment 781); November 1, 2015 (amendment 791); November 1, 2025 (amendment 836).
Notes of Decisions
Cited in 39
cases (6 in the last 5 years), 1990–2025 · leading case: United States v. Pope, 554 F.3d 240 (2d Cir. 2009).
United States v. Pope, 554 F.3d 240 (2d Cir. 2009). “The PSR set forth a base offense level of twelve for each of the bank burglaries, pursuant to U.S.S.G. § 2B2.1(a)(2). (We note that the statutory maximum for each count was twenty years.”
United States v. Bryan Presley, 18 F.4th 899 (6th Cir. 2021). “The parties stipulated as to three “specific offense characteristics pursuant to U.S.S.G. § 2B2.1” for one of the two counts.”
United States v. Stewart, 590 F.3d 93 (2d Cir. 2009). “1(b)(1)(E), (5) (2000) (15-21 months), burgling a residence and stealing a $2,600 television, see U.S.S.G. § 2B2.1(a)(1), (b)(2)(B) (2000) (27-33 months), and possessing 1.”
United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009). “The burglary Guideline, U.S.S.G. § 2B2.1, recognizes two different offenses — burglary of a residence and burglary of a structure other than a residence.”
United States v. Norberto B. Luna, 165 F.3d 316 (5th Cir. 1999). “U.S.S.G. § 2B2.1, commentary n. 3. . United States v.”
United States v. Martinez-Mercado, 919 F.3d 91 (1st Cir. 2019). “The district court correctly calculated a base offense level of seventeen by referencing U.S.S.G. § 2B2.1 pursuant to U.S.S.G § 2H1.”
United States v. Almeida, 710 F.3d 437 (1st Cir. 2013). “Thus, Almeida contended that the burglary guideline, U.S.S.G. § 2B2.1, along with its different (and lesser) enhancements, should apply.”
United States v. Jasy Von Brown, AKA Jasy Drags Wolf, 417 F.3d 1077 (9th Cir. 2005). “1, and his offense level was increased to 29. After a three-point reduction for acceptance of responsibility, his total offense level was 26.”
United States v. Juan Gomez, 165 F.3d 650 (8th Cir. 1999). “1, 3 and for possession of a dangerous *653 weapon, pursuant to U.S.S.G. § 2B2.1(b)(4). 4 The district court found that the enhancement for obstruction of justice was supported not only by his threatening of Muniz after his arrest, but also by a finding that Gomez had committed…”
United States v. Antonio Ruben Inigo, United States of Am. v. Raul Armando Giordano, United States of Am. v. Bruno Skerianz, 925 F.2d 641 (3rd Cir. 1991). “2(b)(1) (applying U.S.S.G. § 2B2.1(b)(2)) with U.S.S.G. § 2B3.”
United States v. Guerrero, 5 F.3d 868 (5th Cir. 1993). “The commentary states that "[sjubsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense.” Section 2B2.”
United States v. Harlan Brent Gullickson, 981 F.2d 344 (8th Cir. 1992). “If prosecuted federally, the base offense level for the burglary would be 17, see U.S.S.G. § 2B2.1(a), and the base offense level for the forgery would be 6.”
— U.S.S.G. §2B2.1(a) — 2 cases
United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009). “The burglary Guideline, U.S.S.G. § 2B2.1, recognizes two different offenses — burglary of a residence and burglary of a structure other than a residence.”
United States v. Harlan Brent Gullickson, 981 F.2d 344 (8th Cir. 1992). “If prosecuted federally, the base offense level for the burglary would be 17, see U.S.S.G. § 2B2.1(a), and the base offense level for the forgery would be 6.”
— U.S.S.G. §2B2.1(a)(1) — 3 cases
United States v. Stewart, 590 F.3d 93 (2d Cir. 2009). “1(b)(1)(E), (5) (2000) (15-21 months), burgling a residence and stealing a $2,600 television, see U.S.S.G. § 2B2.1(a)(1), (b)(2)(B) (2000) (27-33 months), and possessing 1.”
United States v. Martinez-Mercado, 919 F.3d 91 (1st Cir. 2019). “The district court correctly calculated a base offense level of seventeen by referencing U.S.S.G. § 2B2.1 pursuant to U.S.S.G § 2H1.”
United States v. Von Brown (9th Cir. 2005).
— U.S.S.G. §2B2.1(a)(2) — 6 cases
United States v. Pope, 554 F.3d 240 (2d Cir. 2009). “The PSR set forth a base offense level of twelve for each of the bank burglaries, pursuant to U.S.S.G. § 2B2.1(a)(2). (We note that the statutory maximum for each count was twenty years.”
United States v. Bryan Presley, 18 F.4th 899 (6th Cir. 2021). “The parties stipulated as to three “specific offense characteristics pursuant to U.S.S.G. § 2B2.1” for one of the two counts.”
United States v. Joseph D. Comstock, 154 F.3d 845 (8th Cir. 1998).
United States v. Ludlow, 27 F. App'x 287 (6th Cir. 2001).
United States v. Pope (2d Cir. 2009).
— U.S.S.G. §2B2.1(a)(4)(A) — 1 case
United States v. Mark Andrew Herman, 141 F. App'x 870 (11th Cir. 2005).
— U.S.S.G. §2B2.1(a)(l) — 1 case
United States v. Jasy Von Brown, AKA Jasy Drags Wolf, 417 F.3d 1077 (9th Cir. 2005). “1, and his offense level was increased to 29. After a three-point reduction for acceptance of responsibility, his total offense level was 26.”
— U.S.S.G. §2B2.1(b)(2) — 2 cases
United States v. Antonio Ruben Inigo, United States of Am. v. Raul Armando Giordano, United States of Am. v. Bruno Skerianz, 925 F.2d 641 (3rd Cir. 1991). “2(b)(1) (applying U.S.S.G. § 2B2.1(b)(2)) with U.S.S.G. § 2B3.”
United States v. Arnold Wayne Rivers, 917 F.2d 369 (8th Cir. 1990).
— U.S.S.G. §2B2.1(b)(2)(B) — 2 cases
United States v. Christopher Blanton, 684 F. App'x 397 (5th Cir. 2017).
Griffin (M.D. Fla. 2025).
— U.S.S.G. §2B2.1(b)(3) — 3 cases
United States v. Bryan Presley, 18 F.4th 899 (6th Cir. 2021). “The parties stipulated as to three “specific offense characteristics pursuant to U.S.S.G. § 2B2.1” for one of the two counts.”
United States v. Norberto B. Luna, 165 F.3d 316 (5th Cir. 1999). “U.S.S.G. § 2B2.1, commentary n. 3. . United States v.”
United States v. Guerrero, 5 F.3d 868 (5th Cir. 1993). “The commentary states that "[sjubsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense.” Section 2B2.”
— U.S.S.G. §2B2.1(b)(4) — 10 cases
United States v. Pope, 554 F.3d 240 (2d Cir. 2009). “The PSR set forth a base offense level of twelve for each of the bank burglaries, pursuant to U.S.S.G. § 2B2.1(a)(2). (We note that the statutory maximum for each count was twenty years.”
United States v. Juan Gomez, 165 F.3d 650 (8th Cir. 1999). “1, 3 and for possession of a dangerous *653 weapon, pursuant to U.S.S.G. § 2B2.1(b)(4). 4 The district court found that the enhancement for obstruction of justice was supported not only by his threatening of Muniz after his arrest, but also by a finding that Gomez had committed…”
United States v. Norberto B. Luna, 165 F.3d 316 (5th Cir. 1999). “U.S.S.G. § 2B2.1, commentary n. 3. . United States v.”
United States v. Walker, 89 F.4th 173 (1st Cir. 2023).
United States v. Miguel Rodriguez-Castro, 908 F.2d 438 (9th Cir. 1990).
— U.S.S.G. §2B2.1(b)(l) — 2 cases
United States v. Williams, 101 F. App'x 435 (5th Cir. 2004).
United States v. Ludlow, 27 F. App'x 287 (6th Cir. 2001).
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