2005 Federal Sentencing Guidelines
Chapter 2 - PART X - OTHER OFFENSES
§2X5.1. Other Offenses
If the offense is a felony or Class A misdemeanor for which no guideline expressly
has been promulgated, apply the most analogous offense guideline. If there
is not a sufficiently analogous guideline, the provisions of 18 U.S.C. § 3553(b)
shall control, except that any guidelines and policy statements that can be
applied meaningfully in the absence of a Chapter Two offense guideline shall
remain applicable.
Commentary
Application Note:
1. Guidelines and policy statements that can be applied meaningfully in the
absence of a Chapter Two offense guideline include: §5B1.3 (Conditions
of Probation); §5D1.1 (Imposition of a Term of Supervised Release); §5D1.2
(Term of Supervised Release); §5D1.3 (Conditions of Supervised Release); §5E1.1
(Restitution); §5E1.3 (Special Assessments); §5E1.4 (Forfeiture);
Chapter Five, Part F (Sentencing Options); §5G1.3 (Imposition of a Sentence
on a Defendant Subject to an Undischarged Term of Imprisonment); Chapter Five,
Part H (Specific Offender Characteristics); Chapter Five, Part J (Relief from
Disability); Chapter Five, Part K (Departures); Chapter Six, Part A (Sentencing
Procedures); Chapter Six, Part B (Plea Agreements).
Background: Many offenses,
especially assimilative crimes, are not listed in the Statutory Index or in
any of the lists of Statutory Provisions that follow each offense guideline.
Nonetheless, the specific guidelines that have been promulgated cover the type
of criminal behavior that most such offenses proscribe. The court is required
to determine if there is a sufficiently analogous offense guideline, and, if
so, to apply the guideline that is most analogous. Where there is no sufficiently
analogous guideline, the provisions of 18 U.S.C. §
3553(b) control. That statute provides in relevant part as follows: "In the
absence of an applicable sentencing guideline, the court shall impose an appropriate
sentence, having due regard for the purposes set forth in [18 U.S.C. § 3553]
subsection (a)(2). In the absence of an applicable sentencing guideline in
the case of an offense other than a petty offense, the court shall also have
due regard for the relationship of the sentence imposed to sentences prescribed
by guidelines applicable to similar offenses and offenders, and to the applicable
policy statements of the Sentencing Commission."
The sentencing guidelines apply to convictions under 18 U.S.C. §
13 (Assimilative Crimes Act) and 18 U.S.C. § 1153 (Indian Major Crimes
Act); see 18 U.S.C. § 3551(a),
as amended by section 1602 of Public Law 101-647.
Historical Note: Effective
November 1, 1987. Amended effective June 15, 1988 (see Appendix
C, amendment 43); November 1, 1991 (see Appendix
C, amendment 412); November 1, 1997 (see Appendix
C, amendment 569).