How the U.S. Sentencing Guidelines count prior sentences and place defendants in one of six Criminal History Categories.
| Criminal history points | Category |
|---|---|
| 0–1 | I |
| 2–3 | II |
| 4–6 | III |
| 7–9 | IV |
| 10–12 | V |
| 13+ | VI |
Source: USSG § 4A1.1 & Sentencing Table Ch. 5 Pt. A.
Full rules including counting, staleness, and related-case treatment are in Chapter 4 of the USSG Manual.
Under USSG § 4A1.1, three points are added for each prior sentence of imprisonment exceeding one year and one month; two points for each prior sentence of at least 60 days; and one point for every other prior sentence, up to four such 1-point sentences. Additional points may apply for offenses committed while under a criminal justice sentence.
Category I (0–1 points) is the lowest and produces the shortest guideline ranges. Category VI (13+ points) is the highest, reflecting the most extensive criminal history, and produces the longest ranges on the Sentencing Table.
Sometimes. Under USSG § 4A1.2(d), juvenile sentences of confinement of at least 60 days that were imposed within five years of the current offense count for two points, and other juvenile sentences imposed within five years count for one point.
Under USSG § 4B1.1, a defendant is a career offender if the current offense is a felony crime of violence or controlled substance offense and the defendant has at least two prior felony convictions of either type. Career offenders are placed in Category VI regardless of point total, and offense level is enhanced.
Educational — not legal advice. See Terms & Sources.