How each role is sentenced
| Role | Offense level | Rule |
|---|---|---|
| Aided or abetted the crime (driver, lookout, supplier) | Same as the crime itself; a minor role can take 2 to 4 off | 18 U.S.C. §2, §2X2.1 |
| Attempted it, or conspired, but it was not completed | 3 levels less, unless every act believed necessary was completed, or it was about to be and was stopped only by arrest or a similar event beyond the person's control | §2X1.1(b) |
| Accessory after the fact (helped hide the person, money or evidence afterward) | 6 levels below the crime as the person knew it; at least 4, at most 30 (20 if only harboring a fugitive) | §2X3.1 |
| Misprision of a felony (actively concealed a known felony) | 9 levels below; at least 4, at most 19 | §2X4.1 |
Some guidelines cover attempts and conspiracies at full value with no discount. Drug trafficking is the most important example: a drug conspiracy is sentenced exactly like a completed sale.
Lying to federal agents to protect someone is its own crime (18 U.S.C. §1001), and lying under oath or tampering with a case falls under the obstruction and perjury guidelines.
Frequently asked questions
Is the getaway driver guilty of the robbery?
Yes. Under 18 U.S.C. §2, anyone who aids or abets a federal crime is punishable as a principal. The driver is sentenced under the robbery guideline, often with a minor-role reduction.
Is it a crime to stay silent about a known crime?
Silence alone is not misprision. Misprision of a felony requires knowing about a federal felony, failing to report it, and taking an affirmative step to conceal it.
More guides
- How federal sentencing works
- The federal sentencing table
- Criminal history points and categories
- Acceptance of responsibility
- The zero-point offender reduction
- The safety valve
- Open the calculatorAll 150 federal offenses