U.S.S.G. § 8C2.1

Applicability of Fine Guidelines

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The provisions of §§8C2.2 through 8C2.9 apply to each count for which the applicable guideline offense level is determined under:

(a) §§2B1.1, 2B1.4, 2B2.3, 2B4.1, 2B5.3, 2B6.1;
§§2C1.1, 2C1.2;
§§2D1.7, 2D3.1, 2D3.2;
§§2E3.1, 2E4.1, 2E5.1, 2E5.3;
§2G3.1;
§§2K1.1, 2K2.1;
§2L1.1;
§2N3.1;
§2R1.1;
§§2S1.1, 2S1.3;
§§2T1.1, 2T1.4, 2T1.6, 2T1.7, 2T1.8, 2T1.9, 2T2.1, 2T2.2, 2T3.1; or

(b) §§2E1.1, 2X1.1, 2X2.1, 2X3.1, 2X4.1, with respect to cases in which the offense level for the underlying offense is determined under one of the guideline sections listed in subsection (a) above.

Commentary

Application Notes:

1. If the Chapter Two offense guideline for a count is listed in subsection (a) or (b) above, and the applicable guideline results in the determination of the offense level by use of one of the listed guidelines, apply the provisions of §§8C2.2 through 8C2.9 to that count. For example, §§8C2.2 through 8C2.9 apply to an offense under §2K2.1 (an offense guideline listed in subsection (a)), unless the cross reference in that guideline requires the offense level to be determined under an offense guideline section not listed in subsection (a).

2. If the Chapter Two offense guideline for a count is not listed in subsection (a) or (b) above, but the applicable guideline results in the determination of the offense level by use of a listed guideline, apply the provisions of §§8C2.2 through 8C2.9 to that count. For example, where the conduct set forth in a count of conviction ordinarily referenced to §2N2.1 (an offense guideline not listed in subsection (a)) establishes §2B1.1 (Theft, Property Destruction, and Fraud) as the applicable offense guideline (an offense guideline listed in subsection (a)), §§8C2.2 through 8C2.9 would apply because the actual offense level is determined under §2B1.1 (Theft, Property Destruction, and Fraud).

Background: The fine guidelines of this subpart apply only to offenses covered by the guideline sections set forth in subsection (a) above. For example, the provisions of §§8C2.2 through 8C2.9 do not apply to counts for which the applicable guideline offense level is determined under Chapter Two, Part Q (Offenses Involving the Environment). For such cases, §8C2.10 (Determining the Fine for Other Counts) is applicable.

Historical Note: Effective November 1, 1991 (amendment 422). Amended effective November 1, 1992 (amendment 453); November 1, 1993 (amendment 496); November 1, 2001 (amendments 617, 619, and 634); November 1, 2005 (amendment 679); November 1, 2018 (amendment 813).

Notes of Decisions

Cited in 8 cases, 2009–2018 · leading case: S. Union Co. v. United States, 132 S. Ct. 2344 (2012).

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S. Union Co. v. United States, 132 S. Ct. 2344 (2012). · cites it 2× “” Nagel & Swenson, supra, at 256; see USSG §8C2.1, and comment., Cite as: 567 U.”

United States v. Oceanic Illsabe Ltd., 889 F.3d 178 (4th Cir. 2018). “2(a) ; USSG § 8C2.1. Neither § 3553 nor § 3572, however, requires a court to group the offenses of conviction prior to imposing a fine.”

United States v. Ionia Mgmt. S.A., 555 F.3d 303 (2d Cir. 2009). “” See U.S.S.G. §§ 8C2.1, 8C2.10. In announcing the sentence, the District Court stated: “And I want you to under *311 stand that I in no way felt constrained and confined or mandated [by the Guidelines].”

United States v. S. Union Co., 630 F.3d 17 (1st Cir. 2010). “U.S.S.G. §§ 8C2.1 cmt. background, 8C2.10 (2009); see also United States v.”

United States v. Bp Prods. North Am. Inc., 610 F. Supp. 2d 655 (S.D. Tex. 2009). · cites it 2× “U.S.S.G. § 8C2.1. Instead, under U.S.S.G.”

United States v. Tonawanda Coke Corp., 5 F. Supp. 3d 343 (W.D.N.Y. 2014). “U.S.S.G. § 8C2.1. However, the Court agrees with Tonawanda Coke that the Guidelines can nonetheless assist in providing context to the present offenses for both Defendants.”

United States v. S. Union Co. (1st Cir. 2010). “U.S.S.G. §§ 8C2.1 cmt. background, 8C2.10 (2009); see also United States v.”

United States v. Ionia Mgmt. (2d Cir. 2009). “” 18 See U.S.S.G. §§ 8C2.1, 8C2.10. In announcing the sentence, the District Court stated: “And I 19 want you to understand that I in no way felt constrained and confined or mandated [by the 20 Guidelines].”

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