Published: 2026-08-18 · Prepared by the Sentencing Guidelines Research Desk

The Role of U.S.S.G. § 2B1.1

U.S.S.G. § 2B1.1 is the guideline that applies to larceny, embezzlement, and other forms of theft; offenses involving stolen property; property damage or destruction; fraud and deceit; forgery; and offenses involving altered or counterfeit instruments other than counterfeit bearer obligations of the United States. In most sentencings under this guideline, the amount of loss is the single most important driver of the guideline range.

Base Offense Level

“(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.”

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

Defining Loss

“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”

Source: U.S.S.G. § 2B1.1, cmt. n.3(A)–(C) — United States Sentencing Commission, Guidelines Manual (2025)

The application notes add 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.”

Loss Increases Under § 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”

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

Related Research

The Loss Table in U.S.S.G. § 2B1.1: How It Works

Overview of Federal Sentencing Guidelines

How Federal Sentencing Works: Guidelines, 18 U.S.C. § 3553(a), and the Safety Valve

Primary Sources

“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”

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).