Criminal History
84 | April 27, 2023
4. §4A1.1(d). Two points are added if the defendant committed any part of the instant offense
(i.e., any relevant conduct) while under any criminal justice sentence, including probation,
parole, supervised release, imprisonment, work release, or escape status. Failure to report for
service of a sentence of imprisonment is to be treated as an escape from such sentence.
See §4A1.2(n). For the purposes of this subsection, a “criminal justice sentence” means a
sentence countable under §4A1.2 (Definitions and Instructions for Computing Criminal History)
having a custodial or supervisory component, although active supervision is not required for this
subsection to apply. For example, a term of unsupervised probation would be included; but a
sentence to pay a fine, by itself, would not be included. A defendant who commits the instant
offense while a violation warrant from a prior sentence is outstanding (e.g., a probation, parole,
or supervised release violation warrant) shall be deemed to be under a criminal justice sentence
for the purposes of this provision if that sentence is otherwise countable, even if that sentence
would have expired absent such warrant. See §4A1.2(m).
54. §4A1.1(ed). In a case in which the defendant received two or more prior sentences as a result of
convictions for crimes of violence that are treated as a single sentence (see §4A1.2(a)(2)), one point
is added under §4A1.1(ed) for each such sentence that did not result in any additional points
under §4A1.1(a), (b), or (c). A total of up to 3 points may be added under §4A1.1(ed). For purposes
of this guideline, “crime of violence” has the meaning given that term in §4B1.2(a).
See §4A1.2(p).
For example, a defendant’s criminal history includes two robbery convictions for offenses
committed on different occasions. The sentences for these offenses were imposed on the same day
and are treated as a single prior sentence. See §4A1.2(a)(2). If the defendant received a five-year
sentence of imprisonment for one robbery and a four-year sentence of imprisonment for the other
robbery (consecutively or concurrently), a total of 3 points is added under §4A1.1(a). An
additional point is added under §4A1.1(ed) because the second sentence did not result in any
additional point(s) (under §4A1.1(a), (b), or (c)). In contrast, if the defendant received a one-year
sentence of imprisonment for one robbery and a nine-month consecutive sentence of
imprisonment for the other robbery, a total of 3 points also is added under §4A1.1(a) (a one-year
sentence of imprisonment and a consecutive nine-month sentence of imprisonment are treated
as a combined one-year-nine-month sentence of imprisonment). But no additional point is added
under §4A1.1(ed) because the sentence for the second robbery already resulted in an additional
point under §4A1.1(a). Without the second sentence, the defendant would only have received two
points under §4A1.1(b) for the one-year sentence of imprisonment.
5. §4A1.1(e). One point is added if the defendant (1) receives 7 or more points under §4A1.1(a)
through (d), and (2) committed any part of the instant offense (i.e., any relevant conduct) while
under any criminal justice sentence, including probation, parole, supervised release,
imprisonment, work release, or escape status. Failure to report for service of a sentence of
imprisonment is to be treated as an escape from such sentence. See §4A1.2(n). For the purposes
of this subsection, a “criminal justice sentence” means a sentence countable under §4A1.2
(Definitions and Instructions for Computing Criminal History) having a custodial or supervisory
component, although active supervision is not required for this subsection to apply. For example,
a term of unsupervised probation would be included; but a sentence to pay a fine, by itself, would
not be included. A defendant who commits the instant offense while a violation warrant from a
prior sentence is outstanding (e.g., a probation, parole, or supervised release violation warrant)
shall be deemed to be under a criminal justice sentence for the purposes of this provision if that
sentence is otherwise countable, even if that sentence would have expired absent such warrant.
See §4A1.2(m).
Background: Prior convictions may represent convictions in the federal system, fifty state systems,
the District of Columbia, territories, and foreign, tribal, and military courts. There are jurisdictional