How a federal robbery sentence is calculated
Every federal robbery, whether it is charged as bank robbery (18 U.S.C. §2113), Hobbs Act robbery of a business (18 U.S.C. §1951) or carjacking (18 U.S.C. §2119), is scored under the same guideline, §2B3.1. The court starts at level 20 and adds levels for the facts of the case:
| Fact | Levels | Rule |
|---|---|---|
| Money or property of a bank, credit union or post office | +2 | §2B3.1(b)(1) |
| A threat to kill, spoken or written | +2 | (b)(2)(F) |
| A dangerous weapon (knife, bat, fake gun) carried or shown | +3 | (b)(2)(E) |
| A dangerous weapon used beyond showing it (such as holding a knife to someone) | +4 | (b)(2)(D) |
| A real gun carried or shown | +5 | (b)(2)(C) |
| A gun aimed at a specific person, used to move them, or touched to them | +6 | (b)(2)(B) |
| A gun fired | +7 | (b)(2)(A) |
| Bodily injury / serious / permanent or life-threatening | +2 / +4 / +6 | (b)(3) |
| Someone physically restrained (tied, bound, locked in) | +2 | (b)(4)(B) |
| Someone abducted (forced to another place) | +4 | (b)(4)(A) |
| Carjacking | +2 | (b)(5) |
| A gun, destructive device or drugs taken | +1 | (b)(6) |
| Loss over $20,000, rising to over $9.5 million | +1 to +7 | (b)(7) |
Only the single most serious weapon or threat counts, and weapon plus injury increases together cannot exceed 11 levels. If someone is killed in circumstances that would be murder, the murder guideline replaces all of this (§2B3.1(c)).
After those offense facts come the adjustments that apply to every federal crime: a leadership or minor role, obstruction, reckless flight, and the 2 or 3 levels off for pleading guilty. The final level is then matched with the person's criminal history on the sentencing table.
Robbery sentences for common situations
Each row assumes no criminal record and an early guilty plea unless it says otherwise.
| Situation | How it adds up | Level | Guideline sentence |
|---|---|---|---|
| Bank robbery with a demand note, no weapon | 20 robbery +2 bank −3 plea | 19 | 30–37 months 2 years, 6 months to 3 years, 1 month |
| Same, but the note says “I have a gun” (there is no gun) | 20 robbery +2 bank +2 threat of death −3 plea | 21 | 37–46 months 3 years, 1 month to 3 years, 10 months |
| Store robbery with a knife shown | 20 robbery +3 knife shown −3 plea | 20 | 33–41 months 2 years, 9 months to 3 years, 5 months |
| Bank robbery, gun shown | 20 robbery +2 bank +5 gun shown −3 plea | 24 | 51–63 months 4 years, 3 months to 5 years, 3 months |
| Bank robbery, gun pointed at a teller | 20 robbery +2 bank +6 gun aimed at a person −3 plea | 25 | 57–71 months 4 years, 9 months to 5 years, 11 months |
| Bank robbery, gun shown, plus a §924(c) gun charge The gun is not counted in the robbery level because the 7-year gun term covers it. The 7 years run on top. | 20 robbery +2 bank −3 plea | 19 | 114–121 months 9 years, 6 months to 10 years, 1 month |
| Carjacking at gunpoint, driver injured | 20 robbery +2 carjacking +6 gun aimed at the driver +2 bodily injury −3 plea | 27 | 70–87 months 5 years, 10 months to 7 years, 3 months |
| Bank robbery, gun shown, convicted at trial | 20 robbery +2 bank +5 gun shown | 27 | 70–87 months 5 years, 10 months to 7 years, 3 months |
| Getaway driver in the gun-shown bank robbery, minor role | 20 robbery +2 bank +5 gun shown, foreseeable −2 minor role −3 plea | 22 | 41–51 months 3 years, 5 months to 4 years, 3 months |
| Friend who hid the money afterward, knowing about the gun The zero-point reduction is available: the friend used no violence and had no gun. | 27 bank robbery with gun −6 accessory after the fact −3 plea −2 zero-point | 16 | 21–27 months 1 year, 9 months to 2 years, 3 months |
What most people don't expect
- A note that says “I have a gun” usually adds 2 levels even if there was no gun. The guideline counts a threat of death, not the weapon, and courts generally treat that statement as one.
- A fake or toy gun counts as a dangerous weapon. If it looks real or is used to make people believe it is, it adds 3 levels.
- Pointing the gun costs more than showing it. Since November 2025, aiming it at a specific teller or customer, ordering them around with it, or pressing it against someone is 6 levels. Waving it without targeting anyone is 5.
- The amount taken barely matters. Nothing is added until the loss passes $20,000, and $100,000 adds only 2 levels. The weapon drives the sentence.
- A §924(c) gun charge runs on top. It carries at least 5 years for carrying a gun, 7 for showing it and 10 for firing it, served after the robbery sentence with no discount for pleading guilty. A §924(c) violation committed after an earlier §924(c) conviction has become final carries at least 25 years. See the §924(c) guide.
- The getaway driver gets the robbery, and usually the gun. Anyone who helps is punished as a principal (18 U.S.C. §2), and a partner's gun counts against them if it was part of the plan or reasonably foreseeable (§1B1.3). A minor-role reduction is the main difference.
- There is no parole. Good-conduct credit can cut up to 54 days per year of the sentence, so someone who earns all of it serves about 85%, and less with First Step Act time credits for those eligible, followed by supervised release.
How criminal history changes the number
The same facts produce very different sentences depending on the record. Bank robbery, gun shown, early guilty plea:
| I 0–1 pts | II 2–3 pts | III 4–6 pts | IV 7–9 pts | V 10–12 pts | VI 13+ pts |
|---|---|---|---|---|---|
| 51–63 months | 57–71 months | 63–78 months | 77–96 months | 92–115 months | 100–125 months |
See the criminal history guide for how points are counted.
The statute sets the ceiling
The guideline range can never exceed the maximum set by the statute of conviction:
| Charge | Maximum |
|---|---|
| Bank robbery, 18 U.S.C. §2113(a) | 20 years |
| Armed bank robbery, putting lives in danger, §2113(d) | 25 years |
| Bank robbery with a killing or kidnapping, §2113(e) | 10 years minimum, up to life or death |
| Hobbs Act robbery, 18 U.S.C. §1951 | 20 years |
| Robbery of postal property, 18 U.S.C. §2114(a) | 10 years; 25 if someone is wounded or put in danger with a dangerous weapon |
| Carjacking, 18 U.S.C. §2119 | 15 years; 25 with serious injury; life if death results |
Statutory figures as summarized in the U.S. Sentencing Commission's 2024 robbery primer.
Frequently asked questions
What is the guideline range for federal bank robbery?
For someone with no record who pleads guilty early, a bank robbery with no weapon scores 30–37 months, and one where a gun is shown scores 51–63 months. A conviction at trial for the gun case scores 70–87 months. These are guideline ranges. The judge must calculate them first but can sentence outside them.
What if the person only claimed to have a gun?
Courts generally treat saying or writing “I have a gun” as a threat of death, which adds 2 levels. With no record and a guilty plea, a bank note job with that threat scores 37–46 months, compared with 30–37 months without it.
Does the getaway driver get the same sentence as the person who committed the robbery?
Usually close to it. The driver starts from the same guideline, including a partner's gun if it was foreseeable. A minor-role reduction of 2 levels is common: in the gun-shown bank robbery that gives 41–51 months instead of 51–63 months.
What is a §924(c) charge in a robbery case?
It is a separate federal charge for using or carrying a gun during a crime of violence. It carries a mandatory term (5, 7 or 10 years depending on the conduct) that must be served after the robbery sentence. In the gun-shown bank robbery, adding a §924(c) count brings the total to 114–121 months.
Is probation possible for a federal robbery?
Almost never under the guidelines. Even the least serious completed robbery, with no weapon, no record and a guilty plea, scores 24–30 months, which is in Zone D of the sentencing table where prison is required. A judge can vary below the range, but that is the exception.
What happens to the person who hid the money afterward?
That is accessory after the fact, sentenced 6 levels below the robbery as they knew it (§2X3.1). For the gun-shown bank robbery, that is 21–27 months for someone with no criminal record who pleads guilty, including the 2-level zero-point reduction.
Related
- Using a Gun During a Crime (§924(c))Used or carried a gun or explosive during another crimeVerified
- Extortion by Force or ThreatDemanded money or something else by threatening harmVerified
- BurglaryBroke into a home or building to commit a crimeVerified
- Aggravated AssaultSeriously assaulted someoneVerified
- Firearms Offenses (Felon in Possession)Illegally had, bought, sold or moved guns or ammunitionVerified
- Fraud and TheftStole, embezzled or defraudedVerified
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