Published: 2026-08-17 · Prepared by the Sentencing Guidelines Research Desk

How the Loss Table in U.S.S.G. § 2B1.1 Works

U.S.S.G. § 2B1.1 is the guideline for theft, fraud, and other property offenses, including offenses involving altered or counterfeit instruments. The guideline sets a base offense level and then increases that level according to specific offense characteristics — most importantly the amount of loss.

The Base Offense Level

The base offense level under § 2B1.1(a) is:

“(1) 7, if (A) the defendant was convicted of an offense referenced to this guideline; and (B) that offense of conviction has a statutory maximum term of imprisonment of 20 years or more; or (2) 6, otherwise.”

How Loss Is Defined

“Loss is the greater of actual loss or intended loss. (B) Gain .—The court shall use the gain that resulted from the offense as an alternative measure of loss only if there is a loss but it reasonably cannot be determined. (C) For purposes of this guideline— (i) “Actual loss” means the reasonably foreseeable pecuniary harm that r”

The application notes explain that intended loss “(I) means the pecuniary harm that the defendant purposely sought to inflict; and (II) includes intended pecuniary harm that would have been impossible or unlikely to occur.”

The Loss Table

If the loss exceeds $6,500, the offense level is increased according to the table in § 2B1.1(b)(1):

“If the loss exceeded $6,500, increase the offense level as follows: Loss (Apply the Greatest) Increase in Level (A) $6,500 or less no increase (B) More than $6,500 add 2 (C) More than $15,000 add 4 (D) More than $40,000 add 6 (E) More than $95,000 add 8 (F) More than $150,000 add 10 (G) More than $250,000 add 12 (H) More than $550,000 add 14 (I) More than $1,500,000 add 16 (J) More than $3,500,000 add 18 (K) More than $9,500,000 add 20 (L) More than $25,000,000 add 22 (M) More than $65,000,000 add 24 (N) More than $150,000,000 add 26 (O) More than $250,000,000 add 28 (P) More than $550,000,000 add 30”

Putting It Together

The loss table drives the offense level calculation in most § 2B1.1 sentencings: the court determines the greater of actual loss or intended loss, applies the corresponding increase from the table, and combines the resulting offense level with the defendant’s criminal history category on the sentencing table. A court must calculate the guideline range but, under United States v. Booker, 543 U.S. 220 (2005), the guidelines are advisory and the sentence must also satisfy the factors in 18 U.S.C. § 3553(a).

Primary Sources

“If the loss exceeded $6,500, increase the offense level as follows: Loss (Apply the Greatest) Increase in Level (A) $6,500 or less no increase (B) More than $6,500 add 2 (C) More than $15,000 add 4 (D) More than $40,000 add 6 (E) More than $95,000 add 8 (F) Mo”

Source: U.S.S.G. § 2B1.1 — United States Sentencing Commission, Guidelines Manual (2025), Chapter Two

Statutory sentencing factors: 18 U.S.C. § 3553(a) — Legal Information Institute (Cornell Law School).