U.S.S.G. § 3B1.4
Using a Minor To Commit a Crime
If the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase by 2 levels.
Commentary
Application Notes:
1. "Used or attempted to use" includes directing, commanding, encouraging, intimidating, counseling, training, procuring, recruiting, or soliciting. 2. Do not apply this adjustment if the Chapter Two offense guideline incorporates this factor. For example, if the defendant receives an enhancement under §2D1.1(b)(16)(B) for involving an individual less than 18 years of age in the offense, do not apply this adjustment.Historical Note: Effective November 1, 1995 (amendment 527). Amended effective November 1, 1996 (amendment 540); November 1, 2010 (amendment 748); November 1, 2011 (amendment 750); November 1, 2014 (amendment 783); November 1, 2018 (amendment 807); November 1, 2025 (amendment 836). A former §3B1.4 (untitled), effective November 1, 1987, and amended effective November 1, 1989 (amendment 303), was deleted effective November 1, 1995 (amendment 527).
Notes of Decisions
Cited in 325
cases (17 in the last 5 years), 1990–2025 · leading case: United States v. Erasto Gomez-Jimenez, 750 F.3d 370 (4th Cir. 2014).
United States v. Erasto Gomez-Jimenez, 750 F.3d 370 (4th Cir. 2014). “1 I dissent from the disposition of the remaining sentencing enhancement challenges: use of a minor, U.S.S.G. § 3B1.4, and the majority’s harmless error analysis.”
United States v. Broxmeyer, 699 F.3d 265 (2d Cir. 2012). “The district court further concluded that a two-level enhancement for use of a minor was warranted under U.S.S.G. § 3B1.4, despite defendant’s protests that he did not direct A.”
United States v. Pena-Hermosillo, 522 F.3d 1108 (10th Cir. 2008). “U.S.S.G. § 3B1.4; U.S.S.G. § 3B1.1(b). With the enhancements, the offense level was 40 and the advisory Guidelines range *1111 was 324-405 months.”
United States v. Chris Parker, 241 F.3d 1114 (9th Cir. 2001). “He further argues that the district court’s participation in the trial proceedings denied him a fair trial, that the prosecutor improperly vouched for the credibility of his witnesses, and that the district court erred in determining that he used a minor to commit a crime within…”
United States v. Larry Smith, 822 F.3d 755 (5th Cir. 2016). “See U.S.S.G. § 3B1.4. “This court reviews de novo the district court’s guidelines interpretations and reviews for clear error the district court’s findings of fact.”
United States v. Kravchuk, 335 F.3d 1147 (10th Cir. 2003). “The length of his prison term also reflected enhancement of his sentence for use of a minor in a crime under U.S.S.G. § 3B1.4 because, although Kravchuk was eighteen at the time of the crime, his co-participants were minors.”
United States v. Corbett, 870 F.3d 21 (1st Cir. 2017). “The presentence investigation report (PSR) recommended a two-level enhancement under U.S.S.G. § 3B1.4 for Corbett’s use of a minor, Gillis, during the conspiracy.”
United States v. Courtney Butler (98-5552) & Julius Retic (98-5554), 207 F.3d 839 (6th Cir. 2000). “USSG § 3B1.4 (1998). In his challenge to the § 3B1.”
United States v. Christopher Yancy, 725 F.3d 596 (6th Cir. 2013). “§§ 922 (g), 2119, and 924(c), appeals his 156-month *598 sentence 1 asserting two errors: (1) misapplication of the use-of-a-minor enhancement, U.S.S.G. § 3B1.4; and (2) improper judicial fact-finding pertaining to uncharged conduct that increased his statutory minimum sentence.”
United States v. Leticia Gonzalez, 262 F.3d 867 (9th Cir. 2001). “Gonzalez contends that she did not know that the individual she used to commit the offense was a minor, so her sentence should not have been enhanced under U.S.S.G. § 3B1.4 (use of a minor). She further contends that the district court engaged in impermissible double-counting by…”
United States v. Evgueni Pojilenko A/K/A Eugene, A/K/A Zheka Evgueni Pojilenko, 416 F.3d 243 (3rd Cir. 2005). “In calculating his sentence for racketeering act 8, the District Court applied a two-level enhancement for the use of a minor, pursuant to U.S.S.G. § 3B1.4. The Court then sentenced Pojilenko to 168 months of imprisonment.”
United States v. Kenyatta Brack, Patrick Henderson, Willie Tyler, Nicholas Martinez, Maurita Stovall, & Dana Richardson, 188 F.3d 748 (7th Cir. 1999). “Stovall Enhancement for Use of a Minor Stovall’s sole argument on appeal is that her sentence should not have been enhanced, pursuant to U.S.S.G. § 3B1.4, for using a minor to commit a crime.”
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