The rule
- 2 levels if the person clearly demonstrates acceptance of responsibility for the offense (§3E1.1(a)). A guilty plea with truthful admission of the conduct is the usual way.
- 1 more level if the offense level before the reduction is 16 or higher and the government files a motion saying the person pleaded early enough to spare it from preparing for trial (§3E1.1(b)).
Pretrial litigation, such as challenges to the charging document, discovery motions and suppression motions, ordinarily does not count as the government “preparing for trial,” and sentencing objections and appeal waivers never do (§3E1.1(b)). Obstruction of justice ordinarily means no reduction.
What it is worth
| Level before plea | At trial (Category I) | Level after early plea | Range after plea (Category I) |
|---|---|---|---|
| 12 | 10–16 months | 10 | 6–12 months |
| 16 | 21–27 months | 13 | 12–18 months |
| 20 | 33–41 months | 17 | 24–30 months |
| 24 | 51–63 months | 21 | 37–46 months |
| 28 | 78–97 months | 25 | 57–71 months |
| 32 | 121–151 months | 29 | 87–108 months |
Frequently asked questions
Can a person who goes to trial still get credit for acceptance of responsibility?
Rarely. It can apply in unusual cases, for example when someone goes to trial only to preserve a legal issue that does not concern factual guilt, but ordinarily a trial means no reduction.
Why is the third level available only at level 16 or higher?
The manual limits §3E1.1(b) to cases with an offense level of 16 or more before the reduction. Below that, the maximum reduction for a plea is 2 levels.
More guides
- How federal sentencing works
- The federal sentencing table
- Criminal history points and categories
- The zero-point offender reduction
- The safety valve
- 18 U.S.C. §924(c): the gun charge that runs on top
- Open the calculatorAll 150 federal offenses