Nov. 1 Guideline Cleanup Deletes 26 Rarely Used Rules

On Sunday, November 1, 2026, unless Congress acts first, the federal Sentencing Guidelines lose 26 "specific offense characteristics." These are the rules inside a guideline that add or subtract offense levels based on the facts of a case. The Sentencing Commission says none of the 26 was applied in any case in the last five fiscal years. The change is Amendment 1 in the 2026 amendments the Commission sent to Congress on April 30, 2026.

Why the Commission is deleting them

The Commission calls this part of its "multi-year efforts to simplify the Guidelines Manual." Last year it removed most departures from the guidelines (amendment 836, effective November 1, 2025). This year it reviewed how often each of the 298 specific offense characteristics in Chapter Two was used.

The 26 it is deleting "did not apply at all in the last five fiscal years," according to the Commission's reason for the amendment. Some date back to the first Guidelines Manual in 1987. The Commission says they applied "infrequently—if at all" even looking back 25 years.

Examples of what goes away

Most of the 26 are increases. A few are decreases. Some examples from the amendment text:

• §2A5.1 (aircraft piracy): the 5-level increase if death resulted.
• §2B1.5 (cultural heritage resources): the increase if a dangerous weapon was brandished or its use was threatened.
• §2B6.1 (altered vehicle identification numbers): the minimum level of 14 for an organized scheme to steal vehicles or parts.
• §2D1.1 (drug trafficking): the 2-level increase for a conviction under 21 U.S.C. § 841(g)(1)(A), which covers certain internet sales of date rape drugs.
• §2D1.11 (listed chemicals): a 3-level decrease for certain convictions where the defendant did not know or believe the chemical would be used to make drugs, and a 2-level increase for a conviction under 21 U.S.C. § 865.
• §2J1.6 (failure to appear): for a failure to report for service of sentence, the 5-level decrease for surrendering within 96 hours, and the 2-level decrease for someone who was ordered to report to a halfway house or similar facility.
• §2K2.6 (body armor): the 4-level increase for using body armor in connection with another felony.
• §2M4.1 (draft evasion): the 6-level increase for offenses during a time of compulsory military service.
• §2P1.1 (escape): the 2-level increase if the defendant was a law enforcement or correctional officer or a Justice Department employee.

The amendment also merges what is left of §2K1.5 (weapons on aircraft) into one "apply the greater" rule and removes its 3-level decrease for mere negligence.

Some drug guideline paragraphs get new numbers

Because §2D1.1(b)(10) is deleted, paragraphs (11) through (18) of §2D1.1(b) move up one number. For example, the 2-level safety valve reduction, now §2D1.1(b)(18), becomes §2D1.1(b)(17). The reduction itself does not change. Our safety valve guide explains how it works.

This matters on paper. Presentence reports, plea agreements and sentencing memos written before November 1 may cite the old paragraph numbers. If sentencing happens on or after November 1, make sure everyone is reading the same version of the Manual.

Which Manual applies

The court uses the Guidelines Manual in effect on the day of sentencing (USSG §1B1.11(a)). If using the newer Manual would violate the ex post facto clause, the court uses the Manual in effect when the offense was committed (§1B1.11(b)(1)). Under Peugh v. United States, 569 U.S. 530 (2013), that happens when the newer Manual produces a higher range. The court applies one Manual in its entirety, not pieces of two (§1B1.11(b)(2)).

For most people these deletions change nothing, because the rules were not being used. In a rare case where one of the deleted decreases would have applied, compare the range under both Manuals before sentencing. The same check matters for the other 2026 changes, such as the new fraud loss amounts covered in our post on the 2026 amendments.

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