Criminal Law

Restitution, Fines, Assessments, Forfeitures - Determining the Sentence

<< Previous   Table of Contents   Next >>
November 1, 2005GUIDELINES MANUAL§5E1.2

§5E1.2. Fines for Individual Defendants

(a) The court shall impose a fine in all cases, except where the defendant establishes that he is unable to pay and is not likely to become able to pay any fine.

(b) The applicable fine guideline range is that specified in subsection (c) below. If, however, the guideline for the offense in Chapter Two provides a specific rule for imposing a fine, that rule takes precedence over subsection (c) of this section.

(c) (1) The minimum of the fine guideline range is the amount shown in column A of the table below.

(2) Except as specified in (4) below, the maximum of the fine guideline range is the amount shown in column B of the table below.

(3) Fine Table

Offense A B

Level Minimum Maximum

3 and below $100 $5,000 4-5 $250 $5,000 6-7 $500 $5,000 8-9 $1,000 $10,000 10-11 $2,000 $20,000 12-13 $3,000 $30,000 14-15 $4,000 $40,000 16-17 $5,000 $50,000 18-19 $6,000 $60,000 20-22 $7,500 $75,000 23-25 $10,000 $100,000 26-28 $12,500 $125,000 29-31 $15,000 $150,000 32-34 $17,500 $175,000 35-37 $20,000 $200,000 38 and above $25,000 $250,000.

(4) Subsection (c)(2), limiting the maximum fine, does not apply if the defendant is convicted under a statute authorizing (A) a maximum fine greater than $250,000, or (B) a fine for each day of violation. In such cases, the court may impose a fine up to the maximum authorized by the statute.

(d) In determining the amount of the fine, the court shall consider:

(1) the need for the combined sentence to reflect the seriousness of the offense (including the harm or loss to the victim and the gain to the defendant), to promote respect for the law, to provide just punishment and to afford adequate deterrence;

– 403 –

<< Previous   Table of Contents   Next >>