Criminal Law

Role in the Offense - Adjustments

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November 1, 2005GUIDELINES MANUAL§3B1.5

Background: This adjustment applies to persons who abuse their positions of trust or their special skills to facilitate significantly the commission or concealment of a crime. The adjustment also applies to persons who provide sufficient indicia to the victim that they legitimately hold a position of public or private trust when, in fact, they do not. Such persons generally are viewed as more culpable.

Historical Note:: Effective November 1, 1987. Amended effective November 1, 1990 (see Appendix C, amendment 346); November 1, 1993 (see Appendix C, amendment 492); November 1, 1998 (see Appendix C, amendment 580); November 1, 2001 (see Appendix C, amendment 617); November 1, 2005 (see Appendix C, amendment 677).

§3B1.4. Using a Minor To Commit a Crime

If the defendant used or attempted to use a person less than eighteen years of age to commit the offense or assist in avoiding detection of, or apprehension for, the offense, increase by 2 levels.

Commentary

Application Notes:

1. "Used or attempted to use" includes directing, commanding, encouraging, intimidating, counseling, training, procuring, recruiting, or soliciting.

2. Do not apply this adjustment if the Chapter Two offense guideline incorporates this factor.

3. If the defendant used or attempted to use more than one person less than eighteen years of age, an upward departure may be warranted.

Historical Note:: Effective November 1, 1995 (see Appendix C, amendment 527). Amended effective November 1, 1996 (see Appendix C, amendment 540). A former §3B1.4 (untitled), effective November 1, 1987, amended effective November 1, 1989 (see Appendix C, amendment 303), was deleted effective November 1, 1995 (see Appendix C, amendment 527).

§3B1.5. Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence

If—

(1) the defendant was convicted of a drug trafficking crime or a crime of violence; and

(2) (apply the greater)—

(A) the offense involved the use of body armor, increase by 2 levels; or

(B) the defendant used body armor during the commission of the offense, in preparation for the offense, or in an attempt to avoid apprehension for the offense, increase by 4 levels.

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