U.S.S.G. § 3C1.3
Commission of Offense While on Release
If a statutory sentencing enhancement under 18 U.S.C. § 3147 applies, increase the offense level by 3 levels.
Commentary
Application Notes:
1. Under 18 U.S.C. § 3147, a sentence of imprisonment must be imposed in addition to the sentence for the underlying offense, and the sentence of imprisonment imposed under 18 U.S.C. § 3147 must run consecutively to any other sentence of imprisonment. Therefore, the court, in order to comply with the statute, should divide the sentence on the judgment form between the sentence attributable to the underlying offense and the sentence attributable to the enhancement. The court will have to ensure that the "total punishment" (i.e., the sentence for the offense committed while on release plus the statutory sentencing enhancement under 18 U.S.C. § 3147) is in accord with the guideline range for the offense committed while on release, including, as in any other case in which a Chapter Three adjustment applies (see §1B1.1 (Application Instructions)), the adjustment provided by the enhancement in this section. For example, if the applicable adjusted guideline range is 30–37 months and the court determines a "total punishment" of 36 months is appropriate, a sentence of 30 months for the underlying offense plus 6 months under 18 U.S.C. § 3147 would satisfy this requirement. Similarly, if the applicable adjusted guideline range is 30–37 months and the court determines a "total punishment" of 30 months is appropriate, a sentence of 24 months for the underlying offense plus 6 months under 18 U.S.C. § 3147 would satisfy this requirement. Background: An enhancement under 18 U.S.C. § 3147 applies, after appropriate sentencing notice, when a defendant is sentenced for an offense committed while released in connection with another federal offense.This guideline enables the court to determine and implement a combined "total punishment" consistent with the overall structure of the guidelines, while at the same time complying with the statutory requirement.
Historical Note: Effective November 1, 2006 (amendment 684). Amended effective November 1, 2009 (amendment 734).
Notes of Decisions
Cited in 62
cases (11 in the last 5 years), 1996–2025 · leading case: United States v. Sri Wijegoonaratna, 922 F.3d 983 (9th Cir. 2019).
United States v. Sri Wijegoonaratna, 922 F.3d 983 (9th Cir. 2019). “§ 3147 and U.S.S.G. § 3C1.3 for committing a crime while on supervised release, where the defendant – whose counts of * This summary constitutes no part of the opinion of the court.”
United States v. Ordonez, 305 F. App'x 980 (4th Cir. 2009). “The Government objected to the presentence report by contending that Ordonez should receive a three-level enhancement of the offense level pursuant to U.S.S.G. § 3C1.3. The Government argued that § 3147 “plainly applies,” and cited this Court’s decision in United States v.”
United States v. Yudeluis Jimenez-Elvirez, 862 F.3d 527 (5th Cir. 2017). “l(b)(3)(A), because he committed the instant offense after his conviction for a prior felony immigration offense; and a three-level enhancement, under U.S.S.G. § 3C1.3, because he committed the instant offense while on supervised release following his guilty plea for the June 30…”
United States v. Ruslan Kirilyuk, 29 F.4th 1128 (9th Cir. 2022). “KIRILYUK • +3 levels for commission of an offense while on pretrial release, U.S.S.G. § 3C1.3. The resulting Guideline range for Kirilyuk’s offense level was life, limited by the charges’ maximum terms of imprisonment.”
United States v. Marco Antonio Perez, 86 F.4th 1311 (11th Cir. 2023). “See U.S.S.G. § 3C1.3 (“If a statutory sentencing enhancement under 18 U.”
United States v. Michelle Wing, 682 F.3d 861 (9th Cir. 2012). “U.S.S.G. § 3C1.3. Further, a person who violates a condition of his or her release is subject to a criminal prose- cution for contempt under 18 U.”
United States v. Royer, 549 F.3d 886 (2d Cir. 2008). “As to the 27-month consecutive sentence, while the district court did not parse out the steps through which it arrived at this figure, the sentence is consistent with U.S.S.G. § 3C1.3. That section provides that when 18 U.”
United States v. Gowing & Scheringer, 683 F.3d 406 (2d Cir. 2012). “It is surely true that the great majority of § 3147 applications are premised on “another federal charge,” U.S.S.G. § 3C1.3 cmt. background, in the sense of a separate and distinct charge.”
United States v. Terri McGuire Mollica, 655 F. App'x 726 (11th Cir. 2016). “She argues that her total sentence was substantively unreasonable because the district court improperly implemented the division of sentences required by 18 U.”
United States v. Mowery, 694 F. App'x 638 (10th Cir. 2017). “And because he committed the underlying offense while on supervised release for a 2005 drug conviction, he received a three-level enhancement pursuant to U.S.S.G. § 3C1.3 and 18 U.S.C. § 3147 (1).”
United States v. Lewis, 660 F.3d 189 (3rd Cir. 2011). “Apart from that, however, calling § 3147 an offense versus an enhancement may be a distinction without a real difference in determining its meaning and application, for those do not turn on the nomenclature.”
United States v. Patton, 708 F. App'x 488 (10th Cir. 2017). “3; and finally (4) a 3-level increase because the sentencing enhancement under § 3147 for being convicted of an offense committed while under conditions of release applied, see U.S.S.G. § 3C1.3. Thus, aftdr factoring in a 3-level decrease for Defendant’s acceptance of…”
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