Federal Armed Career Offender Act

Section 4B1.1 Armed Career Criminal

(a) A defendant who is subject to an enhanced sentence under the provisions of 18 U.S.C. Section 924(e) is an armed career criminal.

(b) The offense level for an armed career criminal is the greatest of:

  1. The offense level applicable from Chapters Two and Three

  2. The offense level from Section 4B1.1 (Career Offender) if applicable

  3. (A) 34, if the defendant used or possessed a firearm or ammunition in connection with either a crime of violence, as defined in Section 4B1.2(a), or a controlled substance offense, as defined in Section 4B1.2(b), or if the firearm possessed by the defendant was a type described in 26 U.S.C. Section 5845(a)*
    (B) 33, otherwise*

*If an adjustment from Section 3E1.1 (Acceptance of Responsibility) applies, decrease the offense level by the number of levels corresponding to that adjustment.

Armed Career Criminal(c) The criminal history category for an armed career criminal is the greatest of:

  1. The criminal history category from Chapter Four, Part A (Criminal History), or Section 4B1.1 (Career Offender) if applicable

  2. Category VI, if the defendant used or possessed the firearm or ammunition in connection with either a crime of violence, as defined in Section 4B1.2(a), or a controlled substance offense, as defined in 4B1.2(b), or if the firearm possessed by the defendant was of a type described in 26 U.S.C. Section 5845(a)
  3. Category IV