Who is a career offender
Under §4B1.1(a), all three must be true:
- The person was at least 18 when committing the new offense.
- The new offense is a felony that is either a crime of violence or a controlled substance offense.
- The person has at least two prior felony convictions for a crime of violence or a controlled substance offense.
The career offender levels
| Statutory maximum of the new offense | Offense level |
|---|---|
| Life | 37 |
| 25 years or more | 34 |
| 20 years or more, under 25 | 32 |
| 15 years or more, under 20 | 29 |
| 10 years or more, under 15 | 24 |
| 5 years or more, under 10 | 17 |
| More than 1 year, under 5 | 12 |
The career offender level applies only if it is higher than the level otherwise calculated, and acceptance of responsibility still comes off it. The category is always VI. For example, a Hobbs Act robbery (20-year maximum) becomes level 32, or 29 after a plea: 151–188 months in Category VI.
Frequently asked questions
Does a career offender always get Category VI?
Yes. Under §4B1.1(b), a career offender's criminal history category is VI in every case.
Do state convictions count toward career offender status?
Yes. Prior state or federal felony convictions count if they meet the definitions of a crime of violence or controlled substance offense in §4B1.2, which is often heavily litigated.
More guides
- How federal sentencing works
- The federal sentencing table
- Criminal history points and categories
- Acceptance of responsibility
- The zero-point offender reduction
- The safety valve
- Open the calculatorAll 150 federal offenses