Counting the points
| Prior sentence | Points | Rule |
|---|---|---|
| Prison sentence of more than 13 months (1 year and 1 month) | 3 each | §4A1.1(a) |
| Prison sentence of at least 60 days, not counted above | 2 each | §4A1.1(b) |
| Any other counted sentence (probation, fines, short jail terms) | 1 each, 4 at most | §4A1.1(c) |
| A crime of violence that earned no points because it was treated as part of a single sentence | 1 each, 3 at most | §4A1.1(d) |
| On probation, parole or supervised release (or in custody or escape) at the time, if already 7 or more points | 1 | §4A1.1(e) |
“Sentence” means the sentence imposed, not time actually served; a suspended portion does not count. Old sentences drop out: generally, prison terms over 13 months count if they were imposed or served within 15 years of the new offense, and other sentences within 10 years (§4A1.2(e)).
From points to category
| Points | 0–1 | 2–3 | 4–6 | 7–9 | 10–12 | 13+ |
|---|---|---|---|---|---|---|
| Category | I | II | III | IV | V | VI |
Moving up one category usually adds about the same time as one or two offense levels. Career offenders are placed in Category VI regardless of points, and people with zero points may get a 2-level zero-point reduction.
Frequently asked questions
What is criminal history category I?
The lowest category: 0 or 1 criminal history point. Most first-time federal defendants are in Category I.
Do misdemeanors count in federal criminal history?
Many do, usually as 1 point each (up to 4 points in total for such sentences), but some minor offenses such as certain traffic violations and petty offenses are excluded under §4A1.2(c).
Do juvenile convictions count?
Some do. Offenses committed before age 18 count only in limited circumstances, mainly when they led to adult sentences or recent confinement (§4A1.2(d)).
More guides
- How federal sentencing works
- The federal sentencing table
- Acceptance of responsibility
- 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