(a) A sentence conforms with the guidelines for imprisonment if it is within the minimum and maximum terms of the applicable guideline range.
(b) If the applicable guideline range is in Zone A of the Sentencing Table, a sentence of imprisonment is not required, unless the applicable guideline in Chapter Two expressly requires such a term.
(c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by—
(1) a sentence of imprisonment; or
(2) a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community confinement or home detention according to the schedule in subsection (e), provided that at least one month is satisfied by imprisonment; or
(3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community confinement, or home detention for imprisonment according to the schedule in subsection (e).
(d) If the applicable guideline range is in Zone C of the Sentencing Table, the minimum term may be satisfied by—
(1) a sentence of imprisonment; or
(2) a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community confinement or home detention according to the schedule in subsection (e), provided that at least one-half of the minimum term is satisfied by imprisonment.
(e) Schedule of Substitute Punishments:
(1) One day of intermittent confinement in prison or jail for one day of imprisonment (each 24 hours of confinement is credited as one day of intermittent confinement, provided, however, that one day shall be credited for any calendar day during which the defendant is employed in the community and confined during all remaining hours);
(2) One day of community confinement (residence in a community treatment center, halfway house, or similar residential facility) for one day of imprisonment;
(3) One day of home detention for one day of imprisonment.
(f) If the applicable guideline range is in Zone D of the Sentencing Table, the minimum term shall be satisfied by a sentence of imprisonment.
Commentary
Application Notes:
1.
Application of Subsection (a).—Subsection (a) provides that a sentence conforms with the guidelines for imprisonment if it is within the minimum and maximum terms of the applicable guideline range specified in the Sentencing Table in Part A of this chapter. For example, if the defendant has an Offense Level of 20 and a Criminal History Category of I, the applicable guideline range is 33–41 months of imprisonment. Therefore, a sentence of imprisonment of at least thirty-three months, but not more than forty-one months, is within the applicable guideline range.
2.
Application of Subsection (b).—Subsection (b) provides that where the applicable guideline range is in Zone A of the Sentencing Table (
i.e., the minimum term of imprisonment specified in the applicable guideline range is zero months), the court is not required to impose a sentence of imprisonment unless a sentence of imprisonment or its equivalent is specifically required by the guideline applicable to the offense. Where imprisonment is not required, the court, for example, may impose a sentence of probation. In some cases, a fine appropriately may be imposed as the sole sanction.
3.
Application of Subsection (c).—Subsection (c) provides that where the applicable guideline range is in Zone B of the Sentencing Table (
i.e., the minimum term of imprisonment specified in the applicable guideline range is at least one but not more than nine months), the court has three options:
(A) It may impose a sentence of imprisonment.
(B) It may impose a sentence of probation provided that it includes a condition of probation requiring a period of intermittent confinement, community confinement, or home detention, or combination of intermittent confinement, community confinement, and home detention, sufficient to satisfy the minimum period of imprisonment specified in the guideline range. For example, where the guideline range is 4–10 months, a sentence of probation with a condition requiring at least four months of intermittent confinement, community confinement, or home detention would satisfy the minimum term of imprisonment specified in the guideline range.
(C) Or, it may impose a sentence of imprisonment that includes a term of supervised release with a condition that requires community confinement or home detention. In such case, at least one month must be satisfied by actual imprisonment and the remainder of the minimum term specified in the guideline range must be satisfied by community confinement or home detention. For example, where the guideline range is 4–10 months, a sentence of imprisonment of one month followed by a term of supervised release with a condition requiring three months of community confinement or home detention would satisfy the minimum term of imprisonment specified in the guideline range.
The preceding examples illustrate sentences that satisfy the minimum term of imprisonment required by the guideline range. The court, of course, may impose a sentence at a higher point within the applicable guideline range. For example, where the guideline range is 4–10 months, both a sentence of probation with a condition requiring six months of community confinement or home detention (under subsection (c)(3)) and a sentence of two months imprisonment followed by a term of supervised release with a condition requiring four months of community confinement or home detention (under subsection (c)(2)) would be within the guideline range.
4.
Application of Subsection (d).—Subsection (d) provides that where the applicable guideline range is in Zone C of the Sentencing Table (
i.e., the minimum term specified in the applicable guideline range is ten or twelve months), the court has two options:
(A) It may impose a sentence of imprisonment.
(B) Or, it may impose a sentence of imprisonment that includes a term of supervised release with a condition requiring community confinement or home detention. In such case, at least one-half of the minimum term specified in the guideline range must be satisfied by imprisonment, and the remainder of the minimum term specified in the guideline range must be satisfied by community confinement or home detention. For example, where the guideline range is 10–16 months, a sentence of five months imprisonment followed by a term of supervised release with a condition requiring five months community confinement or home detention would satisfy the minimum term of imprisonment required by the guideline range.
The preceding example illustrates a sentence that satisfies the minimum term of imprisonment required by the guideline range. The court, of course, may impose a sentence at a higher point within the guideline range. For example, where the guideline range is 10–16 months, both a sentence of five months imprisonment followed by a term of supervised release with a condition requiring six months of community confinement or home detention (under subsection (d)), and a sentence of ten months imprisonment followed by a term of supervised release with a condition requiring four months of community confinement or home detention (also under subsection (d)) would be within the guideline range.
5.
Application of Subsection (e).—Subsection (e) sets forth a schedule of imprisonment substitutes.
6.
Use of Substitutes for Imprisonment.—The use of substitutes for imprisonment as provided in subsections (c) and (d) is not recommended for most defendants with a criminal history category of III or above.
7.
Residential Treatment Program.—In a case in which community confinement in a residential treatment program is imposed to accomplish a specific treatment purpose, the court should consider the effectiveness of the residential treatment program.
8.
Application of Subsection (f).—Subsection (f) provides that, where the applicable guideline range is in Zone D of the Sentencing Table (
i.e., the minimum term of imprisonment specified in the applicable guideline range is 15 months or more), the minimum term must be satisfied by a sentence of imprisonment without the use of any of the imprisonment substitutes in subsection (e).
9.
Zero-Point Offenders in Zones A and B of the Sentencing Table.—If the defendant received an adjustment under §4C1.1 (Adjustment for Certain Zero-Point Offenders) and the defendant’s applicable guideline range is in Zone A or B of the Sentencing Table, a sentence other than a sentence of imprisonment, in accordance with subsection (b) or (c)(3), is generally appropriate.
See 28 U.S.C. § 994(j).
Historical Note: Effective November 1, 1987. Amended effective January 15, 1988 (amendment 51); November 1, 1989 (amendments 271, 275, and 302); November 1, 1992 (amendment 462); November 1, 2002 (amendment 646); November 1, 2009 (amendment 733); November 1, 2010 (amendment 738); November 1, 2018 (amendment 811); November 1, 2023 (amendments 821 and 824); November 1, 2025 (amendment 836).
Notes of Decisions
Cited in
160
cases (
13 in the last 5 years), 1991–2026 · leading case:
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
· cites it 7× “U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
Angel Cintron Rodriguez v. J.D. Lamer, 60 F.3d 745 (11th Cir. 1995).
· cites it 4× “Rodriguez references those persons who serve periods of home confinement pursuant to U.S.S.G. § 5C1.1. 5 *749 Mr. Rodriguez’s argument falls short, however, as it lacks a prerequisite element: “A preliminary step in equal protection analysis is to determine whether persons who…”
UNITED STATES of Am., v. Frank SERAFINI; United States of Am., v. Frank Serafini, 233 F.3d 758 (3rd Cir. 2000).
· cites it 2× “The government asserts that such a facility cannot serve as the location for “imprisonment” within the meaning of U.S.S.G. § 5C1.1, which reads in pertinent part: If the applicable guideline range is in Zone C of the Sentencing Table, the minimum term may be satisfied by— (1) a…”
United States v. Brandon Tate, 845 F.3d 571 (4th Cir. 2017).
“’ (U.S.S.G. § 5C1.1).” J.A. 74. Additionally, Tate agreed to waive all “rights to contest the conviction except for: (1) claims of ineffective assistance of counsel or (2) prosecutorial misconduct.”
United States v. Walker, 918 F.3d 1134 (10th Cir. 2019).
“at 352 (detailing original sentence), with id . at 377 (detailing sentence after remand).”
United States v. Steven M. Wirth, 250 F.3d 165 (2d Cir. 2001).
· cites it 2× “” U.S.S.G. § 5C1.1, application note 6. There is no sign in the record that the district court considered, gave notice of, or imposed such a departure.”
United States v. Darrin E. Malley, 307 F.3d 1032 (9th Cir. 2002).
· cites it 3× “U.S.S.G. § 5C1.1, cmt. n. 6. The district court denied the requested departure on the basis that Note 6 did not bestow “legal authority to make a downward departure in the offense level.”
United States v. Andrews, 240 F. Supp. 2d 636 (E.D. Mich. 2003).
· cites it 5× “) The notice further stated, “OLC has determined that the Bureau’s practice of using [community correction centers] as a substitute for imprisonment contravenes well-established caselaw, and is inconsistent with U.S.S.G. § 5C1.1.” (Id.) According to Defendant, the new policy…”
United States v. Omar Rodriguez-Lopez, 363 F.3d 1134 (11th Cir. 2004).
“…lieu of imprisonment, a term of probation that includes a condition of home detention or community confinement. See U.S.S.G. § 5C1.1 (c)(3).”
— U.S.S.G. §5C1.1(a) — 1 case
— U.S.S.G. §5C1.1(b) — 4 cases
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
“U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
United States v. Darrin E. Malley, 307 F.3d 1032 (9th Cir. 2002).
“U.S.S.G. § 5C1.1, cmt. n. 6. The district court denied the requested departure on the basis that Note 6 did not bestow “legal authority to make a downward departure in the offense level.”
— U.S.S.G. §5C1.1(c) — 6 cases
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
“U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
— U.S.S.G. §5C1.1(c)(1) — 1 case
— U.S.S.G. §5C1.1(c)(2) — 7 cases
— U.S.S.G. §5C1.1(c)(3) — 14 cases
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
“U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
— U.S.S.G. §5C1.1(d) — 11 cases
United States v. Andrews, 240 F. Supp. 2d 636 (E.D. Mich. 2003).
“) The notice further stated, “OLC has determined that the Bureau’s practice of using [community correction centers] as a substitute for imprisonment contravenes well-established caselaw, and is inconsistent with U.S.S.G. § 5C1.1.” (Id.) According to Defendant, the new policy…”
— U.S.S.G. §5C1.1(d)(1) — 1 case
— U.S.S.G. §5C1.1(d)(2) — 14 cases
United States v. Andrews, 240 F. Supp. 2d 636 (E.D. Mich. 2003).
“) The notice further stated, “OLC has determined that the Bureau’s practice of using [community correction centers] as a substitute for imprisonment contravenes well-established caselaw, and is inconsistent with U.S.S.G. § 5C1.1.” (Id.) According to Defendant, the new policy…”
— U.S.S.G. §5C1.1(e) — 3 cases
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
“U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
United States v. Darrin E. Malley, 307 F.3d 1032 (9th Cir. 2002).
“U.S.S.G. § 5C1.1, cmt. n. 6. The district court denied the requested departure on the basis that Note 6 did not bestow “legal authority to make a downward departure in the offense level.”
— U.S.S.G. §5C1.1(e)(1) — 2 cases
— U.S.S.G. §5C1.1(e)(3) — 7 cases
United States v. Walker, 918 F.3d 1134 (10th Cir. 2019).
“at 352 (detailing original sentence), with id . at 377 (detailing sentence after remand).”
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
“U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
Angel Cintron Rodriguez v. J.D. Lamer, 60 F.3d 745 (11th Cir. 1995).
“Rodriguez references those persons who serve periods of home confinement pursuant to U.S.S.G. § 5C1.1. 5 *749 Mr. Rodriguez’s argument falls short, however, as it lacks a prerequisite element: “A preliminary step in equal protection analysis is to determine whether persons who…”
— U.S.S.G. §5C1.1(f) — 16 cases
United States v. Martin, 363 F.3d 25 (1st Cir. 2004).
“U.S.S.G § 5C1.1 provides: (c) If the applicable guideline range is in Zone B of the Sentencing Table, the minimum term may be satisfied by— (3) a sentence of probation that includes a condition or combination of conditions that substitute intermittent confinement, community…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.