Who qualifies
All 11 conditions must be met (§4C1.1(a)):
- No criminal history points at all.
- No terrorism adjustment.
- No use of violence or credible threats of violence in connection with the offense.
- The offense did not result in death or serious bodily injury.
- The offense of conviction is not a sex offense.
- The person did not personally cause substantial financial hardship to a victim.
- No possessing, buying, selling or transferring a gun or other dangerous weapon in connection with the offense, or getting someone else to.
- The offense is not a civil rights offense under §2H1.1.
- No hate-crime, vulnerable-victim or serious human rights adjustment.
- No aggravating role adjustment (organizer, leader, manager or supervisor).
- Not engaged in a continuing criminal enterprise.
Note the difference between “no criminal history points” and “no criminal record”: old or minor convictions that earn no points do not disqualify anyone.
What it is worth
Levels are after the plea reduction. In Category I:
| Level after plea | Range | Level with zero-point | Range with zero-point |
|---|---|---|---|
| 8 | 0–6 months | 6 | 0–6 months |
| 10 | 6–12 months | 8 | 0–6 months |
| 12 | 10–16 months | 10 | 6–12 months |
| 16 | 21–27 months | 14 | 15–21 months |
| 20 | 33–41 months | 18 | 27–33 months |
| 24 | 51–63 months | 22 | 41–51 months |
At level 10 the reduction moves the range from Zone B (6–12 months) to Zone A (0–6 months), where probation is possible.
Frequently asked questions
Does the zero-point reduction apply to drug cases?
Yes, if the other conditions are met: no gun, no violence, no death or serious injury, no leadership role. Many couriers and street-level sellers with no criminal history points qualify, and it stacks with the safety valve.
Does it apply to fraud cases?
Yes, unless the person personally caused a victim substantial financial hardship (lost savings, a home, a business), among the other conditions. That test is applied separately from the fraud guideline's own victim-hardship increase.
Is the zero-point reduction retroactive?
The Commission made it retroactive in 2023, so people sentenced before November 1, 2023 could ask for a reduction under 18 U.S.C. §3582(c)(2). Whether a particular person qualifies is up to the sentencing court.
More guides
- How federal sentencing works
- The federal sentencing table
- Criminal history points and categories
- Acceptance of responsibility
- The safety valve
- 18 U.S.C. §924(c): the gun charge that runs on top
- Open the calculatorAll 150 federal offenses