Offenses Involving Use of a Minor in a Crime of Violence - Other Offenses

Commentary

Statutory Provision: 18 U.S.C. § 25.

Application Notes:

1. Definition.—For purposes of this guideline, "underlying crime of violence" means the crime of violence as to which the defendant is convicted of using a minor.

2. Inapplicability of §3B1.4.—Do not apply the adjustment under §3B1.4 (Using a Minor to Commit a Crime).

3. Multiple Counts.—

(A) In a case in which the defendant is convicted under both 18 U.S.C. § 25 and the underlying crime of violence, the counts shall be grouped pursuant to subsection (a) of §3D1.2 (Groups of Closely Related Counts).

(B) Multiple counts involving the use of a minor in a crime of violence shall not be grouped under §3D1.2.

Historical Note:: Effective November 1, 2004 (see Appendix C, amendment 674).

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Last reviewed October 2023