Sentencing Guidelines » Chapter 8

U.S.S.G. § 8A1.1

Applicability of Chapter Eight

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This chapter applies to the sentencing of all organizations for felony and Class A misdemeanor offenses.

Commentary

Application Notes:

1.      "Organization" means "a person other than an individual."  18 U.S.C. § 18.  The term includes corporations, partnerships, associations, joint-stock companies, unions, trusts, pension funds, unincorporated organizations, governments and political subdivisions thereof, and non-profit organizations.

2.      The fine guidelines in §§8C2.2 through 8C2.9 apply only to specified types of offenses.  The other provisions of this chapter apply to the sentencing of all organizations for all felony and Class A misdemeanor offenses.  For example, the restitution and probation provisions in Parts B and D of this chapter apply to the sentencing of an organization, even if the fine guidelines in §§8C2.2 through 8C2.9 do not apply.

Historical Note:  Effective November 1, 1991 (amendment 422).


 

Notes of Decisions
Cited in 4 cases, 1994–2009 · leading case: United States v. Gross, 26 F.3d 552 (5th Cir. 1994).
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United States v. Gross, 26 F.3d 552 (5th Cir. 1994). “U.S.S.G. § 8A1.1, comment, (n. 1) (emphasis added).”
United States v. Michael J. Tomasino, 206 F.3d 739 (7th Cir. 2000). “U.S.S.G. § 8A1.1 Application Note 1. Some guidelines apply exclusively to offenses against banks, and others exclusively to offenses against pension funds (e.”
United States v. Anderson, 85 F. Supp. 2d 1084 (D. Kan. 1999). “” U.S.S.G. § 8A1.1 cmt. 2. The elderly in Steivart might be said to be “a target of criminal activity” under the then-applicable guidelines, even though they might not be “victimfs] of the offense of conviction and any [other relevant] conduct” under the current guidelines.”
Alfano v. United States, 592 F. Supp. 2d 149 (D. Me. 2009). · cites it 2× “For example, in U.S.S.G. § 8A1.1, “organization” is defined to exclude an “individual”: “ ‘Organization’ means ‘a person other than an individual.”
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