Federal sentencing
Offense Level in Federal Sentencing: What It Is and How It Is Determined
The offense level is one of the two numbers that set a federal guideline range. Here is how it is built, step by step, with a made-up example.
By Brandon Sample · Updated · Filed under Sentencing articles
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The offense level is a number from 1 to 43 that measures how serious a federal crime is under the U.S. Sentencing Guidelines. It starts with a base offense level for the crime, then goes up or down for specific facts and adjustments. Together with the criminal history category, it sets the guideline range in months.
This page follows the Guidelines Manual in effect today, the November 1, 2025 edition (USSC). It explains the steps in words. It does not calculate anyone's offense level, which depends on the facts, the guidelines that apply and the judge's rulings.
What is an offense level?
It is the row on the federal sentencing table. The table has 43 offense levels in its rows and six criminal history categories in its columns. The higher the offense level, the higher the range. A total below 1 is treated as 1, and a total above 43 is treated as 43 (USSG Ch. 5, Pt. A, comment. (n.2)).
Some states also grade crimes by "level" or "class." Those systems are separate. This page covers only the federal Guidelines.
How is the offense level determined?
The Manual gives the order in §1B1.1(a) (USSG §1B1.1). The steps that build the offense level are:
- Find the right guideline. Each statute of conviction points to one or more guidelines in Chapter Two. The index in Appendix A lists them (§1B1.2).
- Start with the base offense level, then apply the specific offense characteristics. Both come from the Chapter Two guideline, along with any cross references and special instructions.
- Apply the Chapter Three adjustments for victim, role and obstruction (Parts A, B and C).
- Handle multiple counts. If there is more than one count, repeat steps 1 to 3 for each, then use Chapter Three, Part D to group the counts and set one combined offense level.
- Apply acceptance of responsibility and any early disposition reduction (Chapter Three, Parts E and F).
After that, the judge finds the criminal history category under Chapter Four, which can also change the offense level in a few cases. Then the judge reads the range from the sentencing table and works out the sentencing options. Since November 1, 2025, all of this is step one. In step two, the judge weighs the factors in 18 U.S.C. § 3553(a) to choose the sentence.
What is a base offense level?
It is the starting number that a Chapter Two guideline sets for the crime, before anything is added or taken away. Some guidelines set one number. Others set different numbers depending on the case:
- Fraud and theft. Under §2B1.1(a), the base offense level is 7 if the offense of conviction is referenced to that guideline and carries a statutory maximum of 20 years or more, and 6 otherwise (USSG §2B1.1).
- Drug trafficking. Under §2D1.1(a)(5), the base offense level usually comes from the Drug Quantity Table, so it depends on the type and amount of the drug (USSG §2D1.1).
What are specific offense characteristics?
They are facts about the crime, listed in the same Chapter Two guideline, that raise or lower the level. In a fraud case, the biggest one is usually the loss table in §2B1.1(b)(1). For example, a loss of more than $150,000 (but not more than $250,000) adds 10 levels under the 2025 Manual. In a drug case, possessing a dangerous weapon, including a firearm, adds 2 levels (§2D1.1(b)(1)).
What adjustments come from Chapter Three?
Chapter Three applies to almost every kind of crime (2025 Manual, Ch. 3):
| Part | What it covers | Examples from the 2025 Manual |
|---|---|---|
| A | Victim-related adjustments | +2 if the person knew or should have known a victim was vulnerable (§3A1.1(b)(1)) |
| B | Role in the offense | +2 to +4 for an organizer, leader, manager or supervisor (§3B1.1); −2 to −4 for a minor or minimal participant (§3B1.2) |
| C | Obstruction | +2 for willfully obstructing the investigation, prosecution or sentencing (§3C1.1) |
| D | Multiple counts | Rules for grouping related counts and setting one combined level (§§3D1.1–3D1.5) |
| E | Acceptance of responsibility | −2 for clearly accepting responsibility; −1 more on the government's motion if the level before the reduction is 16 or higher (§3E1.1) |
| F | Early disposition | Up to −4 on the government's motion under an approved early disposition program (§3F1.1) |
Acceptance of responsibility can lower the level by up to 3 levels in all. The third level needs a motion from the government saying the person's timely guilty plea let it avoid preparing for trial (USSG §3E1.1(b)).
These adjustments are not departures. The Manual removed departures on November 1, 2025, but Chapter Three adjustments still apply as part of the offense level. See departures and variances for what changed.
How does relevant conduct affect the offense level?
The offense level is not limited to the exact count of conviction. Under the relevant conduct rule, the base offense level, the specific offense characteristics and the Chapter Three adjustments are based on (USSG §1B1.3(a)):
- everything the person did, or aided, counseled or caused, during the offense, in preparing for it, or in trying to avoid getting caught;
- in a joint criminal activity, acts of others that were within the scope of the activity, in furtherance of it and reasonably foreseeable; and
- for offenses that are grouped by amount, such as most fraud and drug offenses, acts that were part of the same course of conduct or common scheme or plan.
This is why uncharged conduct, or conduct from dismissed counts, can raise the offense level (see also USSG §6B1.2(a)).
Acquitted conduct is different. Since November 1, 2024, relevant conduct "does not include conduct for which the defendant was criminally charged and acquitted in federal court, unless such conduct also establishes, in whole or in part, the instant offense of conviction" (USSG §1B1.3(c); amendment 826). The rule covers acquittals in federal court only. It is not retroactive: amendment 826 is not on the list of amendments that can support a sentence-reduction motion under 18 U.S.C. § 3582(c)(2) (USSG §1B1.10(d)).
Where does criminal history fit in?
Criminal history is scored separately, in Chapter Four. Prior sentences earn points, for example 3 points for each prior prison sentence of more than one year and one month (USSG §4A1.1). The total points set the criminal history category, which is the column on the sentencing table.
Chapter Four can also change the offense level itself in some cases:
- The career offender guideline can replace the offense level with a higher one from its own table and sets the category at VI (§4B1.1). See our guide to the Armed Career Criminal Act and career offender.
- A zero-point offender who meets every condition in §4C1.1 gets a 2-level decrease.
To read the column, see the sentencing table, which shows the points for each category.
What does a worked example look like?
This example shows the steps only. It is not a prediction for anyone's case. Real cases often involve more guidelines, disputes and rulings.
Say a person pleads guilty to one count of wire fraud, which carries a 20-year maximum (18 U.S.C. § 1343). Appendix A points wire fraud to §2B1.1. The loss is $180,000. No victim, role or obstruction adjustments apply. The person pleads guilty early, and the government files the motion for the third acceptance level. The person has one criminal history point from an old minor sentence.
| Step | Rule (2025 Manual) | Level |
|---|---|---|
| Base offense level | §2B1.1(a)(1): 20-year maximum | 7 |
| Loss of $180,000 | §2B1.1(b)(1)(F): more than $150,000 | +10 |
| Chapter Three, Parts A to C | None apply | 0 |
| Level before acceptance | 17 | |
| Acceptance of responsibility | §3E1.1(a) and (b): level 17 is 16 or higher | −3 |
| Total offense level | 14 |
One criminal history point puts the person in Category I. Because the person has a point, the zero-point decrease does not apply. On the sentencing table, offense level 14 and Category I give a range of 15 to 21 months (USSG Sentencing Table).
That range is step one. In step two, the judge weighs the § 3553(a) factors and may sentence inside or outside the range. A presentence report that gets one fact wrong, such as the loss amount, can change the result, which is why objections matter.
What changes on November 1, 2026?
The Sentencing Commission sent amendments to Congress on April 30, 2026. They take effect November 1, 2026, unless Congress acts (USSC, amendments effective November 1, 2026). Until then, they are not the law. Three of them affect how offense levels are built:
- Inflation adjustments. The dollar amounts in the §2B1.1 loss table and several other tables go up. For example, the first increase starts at more than $9,000 instead of more than $6,500, and +10 needs a loss of more than $200,000 instead of more than $150,000 (2026 amendments, official text).
- Multiple counts. The five guidelines in Chapter Three, Part D are replaced by one guideline, §3D1.1. The Commission estimates that 99% of fiscal year 2024 cases would see no change.
- Simplification. The amendments delete 26 Chapter Two specific offense characteristics that were not applied in the last five fiscal years.
Under the 2026 loss table, the same $180,000 loss in the example would add 8 levels instead of 10. The level before acceptance would be 15, which is below 16, so only the 2-level acceptance reduction would be available. The total would be 13, and the range in Category I would be 12 to 18 months. Again, this is an illustration, not a prediction.
Which Manual applies? The court generally uses the Manual in effect on the date of sentencing. If that Manual would give a higher range than the one in effect when the offense was committed, the court uses the earlier Manual instead, as a whole (USSG §1B1.11; Peugh v. United States, 569 U.S. 530 (2013)). For how the offense level fits into the rest of the system, see our guide to the federal sentencing guidelines.
Common questions
What are offense levels?
Offense levels are the 43 rows of the federal sentencing table, and each one measures how serious the offense is under the Sentencing Guidelines. The offense level and the criminal history category together give the guideline range in months (USSG Ch. 5, Pt. A). A higher offense level means a higher range.
How is the offense level determined?
The court starts with the base offense level in the Chapter Two guideline for the crime, adds or subtracts the specific offense characteristics, applies the Chapter Three adjustments for victim, role, obstruction and multiple counts, then subtracts any reduction for acceptance of responsibility or early disposition (USSG §1B1.1(a)). These are based on all relevant conduct, not only the count of conviction, but not on conduct for which the person was acquitted in federal court (USSG §1B1.3).
What is a base offense level?
It is the starting number a Chapter Two guideline assigns to an offense before any increases or decreases. For example, the fraud guideline starts at level 7 when the offense of conviction carries a statutory maximum of 20 years or more, and level 6 otherwise (USSG §2B1.1(a)). In drug cases, it usually comes from the drug type and quantity (USSG §2D1.1(a)(5)).
What does offense level mean on the sentencing table?
It is the row you read across. Find the total offense level in the left column, then the criminal history category in the header row, and the box where they meet is the guideline range in months (USSG Ch. 5, Pt. A). For example, level 14 in Category I is 15 to 21 months.
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