Criminal procedure
Criminal History Category
The criminal history category is the guideline score, from I to VI, that reflects a defendant's prior convictions and drives half of the sentencing range.
[VERIFY] This entry is queued for attorney review. Point thresholds and the treatment of specific prior sentences are amended periodically; confirm against the current Guidelines Manual before relying on this.
Points are assigned for prior sentences based on their length and recency, with additional points in some circumstances such as committing the offense while under a criminal justice sentence. The point total maps onto one of six categories.
Two defendants convicted of identical conduct can face very different ranges because of this axis alone, which is why the defense often litigates whether an old or foreign conviction counts.
Category I covers defendants with little or no record and produces the lowest ranges, while Category VI applies to those with extensive histories. Because the range is the product of both axes, two defendants with identical conduct can face very different exposure.
How it appears on a docket
The sentencing minute entry records Total Offense Level 22, Criminal History Category II, guideline range 46 to 57 months.
Governing rule
U.S. Sentencing Guidelines Manual ch. 4
Related terms
- Sentencing Guidelines — The federal sentencing guidelines are an advisory system that produces a recommended sentencing range from the offense conduct and the defendant's criminal history.
- Presentence Report — A presentence report, or PSR, is the probation office's investigation of the defendant and the offense, prepared to guide the judge at sentencing.
More on criminal procedure
See this term in a real case
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