28 C.F.R. § 2.219

Current through September 30, 2024

Section 2.219 - Maximum terms of imprisonment and supervised release

(a)Imprisonment; first revocation. When a term of supervised release is revoked, the maximum authorized term of imprisonment that the Commission may require the offender to serve, in accordance with D.C. Code 24-403.01(b)(7), is determined by reference to the maximum authorized term of imprisonment for the offense of conviction. The maximum authorized term of imprisonment at the first revocation shall be:

(1) Five years, if the maximum term of imprisonment authorized for the offense is life, or if the offense is statutorily designated as a Class A felony;

(2) Three years, if the maximum term of imprisonment authorized for the offense is 25 years or more, but less than life, and the offense is not statutorily designated as a Class A felony;

(3) Two years, if the maximum term of imprisonment authorized for the offense is 5 years or more, but less than 25 years; or

(4) One year, if the maximum term of imprisonment authorized for the offense is less than 5 years.

(b)Further term of supervised release; first revocation.

(1) When a term of supervised release is revoked, and the Commission imposes less than the maximum term of imprisonment permitted by paragraph (a) of this section, the Commission may also impose a further term of supervised release after imprisonment. A term of imprisonment is "less than the maximum authorized term of imprisonment" if the term is one day or more shorter than the maximum authorized term of imprisonment.

(2) The maximum authorized length of such further term of supervised release shall be the original maximum term of supervised release that the sentencing court was authorized to impose for the offense of conviction, less the term of imprisonment imposed by the Commission upon revocation of supervised release. The original maximum authorized term of supervised release is as follows:

(i) Five years if the maximum term of imprisonment authorized for the offense is 25 years or more;

(ii) Three years if the maximum term of imprisonment authorized for the offense is more than one year but less than 25 years; and

(iii) Life if the person is required to register for life, and 10 years in any other case, if the offender has been sentenced for an offense for which registration is required by the Sex Offender Registration Act of 1999.

(3) For example, if the maximum authorized term of imprisonment at the first revocation is three years and the original maximum authorized term of supervised release is five years, the Commission may impose a three-year term of imprisonment with no supervised release to follow, or any term of imprisonment of less than three years with a further term of supervised release of five years minus the term of imprisonment actually imposed (such as a one-year term of imprisonment followed by a four-year term of supervised release, or a two-year term of imprisonment followed by a three-year term of supervised release).

(c)Reference table. The following table may be used in most cases as a reference to determine both the maximum authorized term of imprisonment at the first revocation and the original maximum authorized term of supervised release:

D.C. Code reference for conviction offense (former code reference in brackets)	Offense description	Original maximum authorized term of supervised release	Maximum authorized term of imprisonment at the first revocation
Title 22
22-301 [22-401]	Arson	3 years	2 years.
22-302 [22-402]	Arson: own property	3 years	2 years.
22-303 [22-403]	Destruction of property over $200	3 years	2 years.
22-401 [22-501]	Assault: with intent to kill/rob/poison, to commit sex abuse (1st or 2nd degree) or child sex abuse	3 years (10 years if SOR)	2 years.
22-401, 4502 [22-501, 3202]	Assault: with intent to kill etc. while armed *	5 years (10 years if SOR)	5 years.
22-402 [22-502]	Assault: with a dangerous weapon	3 years	2 years.
22-403 [22-503]	Assault: with intent to commit an offense other than those in § 22-401	3 years	2 years.
22-404(d) [22-504]	Stalking-2nd+ offense	3 years	1 year.
22-404.01, 4502 [22-504.1, 3202]	Assault; aggravated while armed *	5 years	5 years.
22-404.01(b) [22-504.1]	Assault: aggravated	3 years	2 years.
22-404.01(c) [22-504.1]	Assault: attempted aggravated	3 years	2 years.
22-405(a) [22-505]	Assault: on a police officer	3 years	2 years.
22-405(b) [22-505]	Assault: on a police officer while armed	3 years	2 years.
22-406 [22-506]	Mayhem/malicious disfigurement	3 years	2 years.
22-406, 4502 [22-506, 3202]	Mayhem/malicious disfigurement armed *	5 years	5 years.
22-501 [22-601]	Bigamy	3 years	2 years.
22-601 [22-3427]	Breaking and entering machines	3 years	1 year.
22-704(a)	Corrupt influence	3 years	2 years.
22-712(c)	Bribery: public servant	3 years	2 years.
22-713(c)	Bribery: witness	3 years	2 years.
22-722(b)	Obstructing justice *	5 years	5 years.
22-723(b)	Evidence tampering	3 years	1 year.
22-801(a) [22-1801]	Burglary 1st degree	5 years	3 years
22-801(b) [22-1801]	Burglary 2nd degree	3 years	2 years.
22-801, 4502 [22-1801, 3202]	Burglary: armed *	5 years	5 years
22-902(b)(2) [22-752]	Counterfeiting (see statute for offense circumstances)	3 years	1 year.
22-902(b)(3) [22-752]	Counterfeiting (see statute for offense circumstances)	3 years	2 years.
22-1101(a), (c)(1) [22-901]	Cruelty to children 1st degree	3 years	2 years.
22-1101(b), (c)(2) [22-901]	Cruelty to children 2nd degree	3 years	2 years.
22-1322(d) [22-1122]	Inciting riot (with injury)	3 years	2 years
22-1403 [22-1303]	False personation	3 years	2 years.
22-1404 [22-1304]	Impersonating a public official	3 years	1 year.
22-1510 [22-1410]	Bad checks $100 or more	3 years	1 year.
22-1701 [22-1501]	Illegal lottery	3 years	1 year.
22-1704 [22-1504]	Gaming	3 years	2 years.
22-1710, 1711 [22-1510, 1511]	Bucketing: 2nd+ offense	3 years	2 years.
22-1713(a) [22-1513]	Corrupt influence: Athletics	3 years	2 years.
22-1803 [22-103]	Attempted crime of violence	3 years	2 years.
22-1804 [22-104]	Second conviction One prior conviction
	If the underlying offense is punishable by life imprisonment	5 years	5 years.
	If the underlying offense is punishable by 16 2/3 years or more	5 years	3 years.
	If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years	3 years	2 years.
	If underlying offense is punishable by less than 3 1/3 years Two or more prior convictions	3 years	1 years.
	If the underlying offense is punishable by life imprisonment	5 years	5 years.
	If the underlying offense is punishable by 8 1/3 years or more	5 years	3 years.
	If the underlying offense is punishable by 1 2/3 years or more but less than 8 1/3 years	3 years	2 years.
	If underlying offense is punishable by less than 1 2/3 years	3 years	1 year.
22-1804a(a)(1) [22-104a]	Three strikes for felonies *	5 years	5 years.
22-1804a(a)(2) [22-104a]	Three strikes for violent felonies *	5 years	5 years.
22-1805 [22-105]	Aiding or abetting	same as for the offense aided or abetted	same as for the offense aided or abetted
22-1805a(a) [22-105a]	Conspiracy	3 years	2 years.
	If underlying offense is punishable by less than 5 years	3 years	1 year.
22-1806 [22-106]	Accessory after the fact
	If the underlying offense is punishable by 10 years or more	3 years	2 years.
	If the underlying offense is punishable by more than 2 years but less than 10 years	3 years	1 year.
22-1807 [22-107]	Offenses not covered by D.C. Code	3 years	2 years.
22-1810 [22-2307]	Threats (felony)	3 years	2 years.
22-1901	Incest	3 years (10 years if SOR)	2 years.
22-2001 [22-2101]	Kidnapping *	5 years	5 years.
22-2201, 4502 [22-2101, 3202]	Kidnapping: armed *	5 years	5 years.
22-2101, 2104 [22-2401, 2404]	Murder 1st degree *	5 years	5 years.
22-2101, 2104, 4502 [22-2401, 2404, 3202]	Murder 1st degree while armed *	5 years	5 years.
22-2102, 2104 [22-2402, 2404]	Murder 1st degree: obstruction of railway *	5 years	5 years.
22-2103, 2104 [22-2403, 2404]	Murder 2nd degree *	5 years	5 years.
22-2103, 2104, 4502 [22-2403, 2404, 3202]	Murder 2nd degree while armed *	5 years	5 years.
22-2105 [22-2405]	Manslaughter	5 years	3 years.
22-2105, 4502 [22-2405, 3202]	Manslaughter: armed *	5 years	5 years.
22-2201(e) [22-2001]	Obscenity: 2nd+ offense	3 years (10 years if SOR)	1 year.
22-2402(b) [22-2511]	Perjury	3 years	2 years.
22-2403 [22-2512]	Subornation of perjury	3 years	2 years.
22-2404(b) [22-2413]	False swearing	3 years	1 year.
22-2501 [22-3601]	Possessing implements of crime 2nd+ offense	3 years	2 years.
22-2601(b)	Escape	3 years	2 years.
22-2603	Introducing contraband into prison	3 years	2 years.
22-2704	Child prostitution: abducting or harboring	3 years (10 years if SOR)	2 years.
22-2705 to 2712	Prostitution: arranging and related offenses	3 years (10 years if child victim and SOR)	2 years.
22-2801 [22-2901]	Robbery	3 years	2 years.
22-2801, 4502 [22-2901, 3202]	Robbery: armed *	5 years	5 years.
22-2802 [22-2902]	Robbery: attempted	3 years	1 year.
22-2802, 4502 [22-2902, 3202]	Robbery: attempted while armed *	5 years	5 years.
22-2803(a) [22-2903]	Carjacking	3 years	2 years.
22-2803(b) [22-2903]	Carjacking: armed *	5 years	5 years.
22-3002 [22-4102]	Sex abuse 1st degree *	5 years (life if SOR)	5 years.
22-3002, 4502 [22-4102, 3202]	Sex abuse 1st degree while armed *	5 years (life if SOR)	5 years.
22-3003 [22-4103]	Sex abuse 2nd degree	3 years (life if SOR)	2 years.
22-3003, 4502 [22-4103, 3202]	Sex abuse 2nd degree while armed *	5 years (life if SOR)	5 years.
22-3004 [22-4104]	Sex abuse 3rd degree	3 years (10 years if SOR)	2 years.
22-3005 [22-4105	Sex abuse 4th degree	3 years (10 years if SOR)	2 years.
22-3008 [22-4108]	Child sex abuse 1st degree *	5 years (life if SOR)	5 years.
22-3008, 3020 [22-4108, 4120]	Child sex abuse 1st degree with aggravating circumstances *	5 years (life if SOR)	5 years.
22-3008, 4502 [22-4108, 3202]	Child sex abuse 1st degree while armed *	5 years (10 years if SOR)	5 years.
22-3009 [22-4109]	Child sex abuse 2nd degree	3 years (10 years if SOR)	2 years.
22-3009, 4502 [22-4109, 3202]	Child sex abuse 2nd degree while armed *	5 years (10 years if SOR)	5 years.
22-3010 [22-4110]	Enticing a child	3 years (10 years if SOR)	2 years.
22-3013 [22-4113]	Sex abuse ward 1st degree	3 years (10 years if SOR)	2 years.
22-3014 [22-4114]	Sex abuse ward 2nd degree	3 years (10 years if SOR)	2 years.
22-3015 [22-4115]	Sex abuse patient 1st degree	3 years (10 years if SOR)	2 years.
22-3016 [22-4116]	Sex abuse patient 2nd degree	3 years (10 years if SOR)	2 years.
22-3018 [22-4118]	Sex abuse: attempted 1st degree/child sex abuse 1st degree	3 years (life if SOR)	2 years.
22-3018 [22-4118]	Sex abuse: other attempts
	If offense attempted is punishable by 10 years or more	3 years (life if SOR)	2 years.
	If the offense attempted is punishable by more than 2 years but less than 10 years	3 years (life if SOR)	1 year.
22-3020 [22-4120]	Sex abuse 1st degree/child sex abuse 1st degree, with aggravating circumstances	5 years (life if SOR)	5 years.
22-3020 [22-4120]	Sex abuse: other offenses with aggravating circumstances
	If the underlying offense is punishable by life imprisonment	5 years (10 years if SOR)	5 years.
	If the underlying offense is punishable by 16 2/3 years or more	5 years (10 years if SOR)	3 years.
	If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years	3 years (10 years if SOR)	2 years.
	If underlying offense is punishable by less than 3 1/3 years	3 years (10 years if SOR)	1 year.
22-3102, 3103 [22-2012, 2013	Sex performance with minors	3 years (10 years if SOR)	2 years.
22-3153	Terrorism-Act of Murder 1st degree	5 years	5 years.
	Murder of law enforcement officer or public safety employee	5 years	5 years.
	Murder 2nd degree	5 years	5 years.
	Manslaughter	5 years	5 years.
	Kidnapping	5 years	5 years.
	Assault with intent to kill	5 years	3 years.
	Mayhem/malicious disfigurement	3 years	2 years.
	Arson	3 years	2 years.
	Malicious destruction of property	3 years	2 years.
	Attempt/conspiracy to commit first degree murder, murder of law enforcement officer, second degree murder, manslaughter, kidnapping	5 years	3 years.
	Attempt/conspiracy to commit assault with intent to kill	3 years	2 years.
	Attempt/conspiracy to commit mayhem, malicious disfigurement, arson, malicious destruction of property	3 years	2 years.
	Providing or soliciting material support for act of terrorism	3 years	2 years.
22-3153, 22-4502 [22-3202]	Commiting any of the above acts of terrorism while armed *	5 years	5 years.
22-3154	Manufacture/possession of weapon of mass destruction	5 years	5 years.
	Attempt/conspiracy to possess or manufacture weapon of mass destruction	5 years	3 years.
22-3155	Use, dissemination, or detonation of weapon of mass destruction	5 years	5 years.
	Attempt/conspiracy to use, disseminate, or detonate weapon of mass destruction	5 years	3 years.
22-3155, 22-4502 [22-3202]	Manufacture, possession, use or detonation of weapon of mass destruction while armed or attempts to commit such crimes while armed *	5 years	5 years.
22-3212 [22-3812]	Theft 1st degree	3 years	2 years.
22-3214.03(d)(2) [22-3814.1]	Deceptive labeling	3 years	2 years.
22-3215(d)(1) [22-3815]	Vehicle: Unlawful use of (private)	3 years	2 years.
22-3215(d)(2) [22-3815]	Vehicle: Unlawful use of (rental)	3 years	1 year.
22-3221(a), 3222(a) [22-3821, 3822]	Fraud 1st degree $250 or more	3 years	2 years.
22-3221(b), 3222(b) [22-3821, 3822]	Fraud 2nd degree $250 or more	3 years	1 year.
22-3223(d)(1) [22-3823]	Fraud: credit card $250 or more	3 years	2 years.
22-3225.02, 3225.04(a) [22-3825.2, 3825.4]	Fraud: insurance 1st degree	3 years	2 years.
22-3225.03, 3225.04(b) [22-3825.3, 3825.4]	Fraud: insurance 2nd degree	3 years	2 years.
22-3231(d) [22-3831]	Stolen Property: trafficking in	3 years	2 years.
22-3232(c)(1) [22-3832]	Stolen property: receiving ($250 or more)	3 years	2 years.
22-3241, 3242 [22-3841, 3842]	Forgery: Legal tender, public record, etc. Token, prescription Other 3 years 3 years 3 years	2 years. 2 years. 1 years.
22-3251(b) [22-3851]	Extortion	3 years	2 years.
22-3251(b), 3252(b), 4502 [22-3851, 3852, 3202]	Extortion while armed or blackmail with threats of violence *	5 years	5 years.
22-3252(b) [22-3852]	Blackmail	3 years	2 years.
22-3303 [22-3103]	Grave robbing	3 years	1 year.
22-3305 [22-3105]	Destruction of property by explosives	3 years	2 years.
22-3318 [22-3318]	Water pollution (malicious)	3 years	1 year.
22-3319 [22-3119]	Obstructing railways	3 years	2 years.
22-3601 [22-3901]	Senior citizen victim of robbery, attempted robbery, theft, attempted theft, extortion, and fraud
	If the underlying offense is punishable by life imprisonment	5 years	5 years.
	If the underlying offense is punishable by 16 2/3 years or more	5 years	3 years.
	If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years	3 years	2 years.
	If the underlying offense is punishable by less than 3 1/3 years	3 years	1 year.
22-3602 [22-3902]	Citizen patrol victim of various violent offenses.
	If the underlying offense is punishable by life imprisonment	5 years	5 years.
	If the underlying offense is punishable by 16 2/3 years or more	5 years	3 years.
	If the underlying offense is punishable by 3 1/3 years or more but less than 16 2/3 years	3 years	2 years.
	If the underlying offense is punishable by less than 3 1/3 years	3 years	1 year.
22-3703 [22-4003]	Bias-related crime
	If underlying offense is punishable by life imprisonment	5 years	5 years.
	If underlying offense is punishable by 16 2/3 years	5 years	3 years.
	If underlying offense is punishable by more than or equal to 3 1/3 years but less than 16 2/3 years	3 years	2 years.
	If underlying offense is punishable by less than 3 1/3 years	3 years	1 year.
22-4015 [24-2235]	Sex offender, failure to register (2nd offense)	3 years	2 years.
22-4502 [22-3202]	Violent crimes: committing or attempting to commit while armed	5 years	5 years.
22-4502.01 [22-3202.1]	Gun-free zone violations
	If underlying offense is a violation of 22-4504	3 years	2 years.
	If underlying offense is a violation of 22-4504(b) (possession of firearm while committing crime of violence or dangerous crime)	5 years	3 years.
22-4503 [22-3203]	Pistol: unlawful possession by a felon, etc. 2nd+ offense	3 years	2 years.
22-4504(a)(1)-(2) [22-3204]	Pistol: carrying without a license	3 years	2 years.
22-4504(b) [22-3204]	Firearm: possession while committing crime of violence or dangerous crime	3 years	2 years.
22-4514 [22-3214]	Prohibited weapon: possession of 2nd+ offense	3 years	2 years.
22-4515a [22-3215a]	Molotov cocktails-1st or 2nd offense	3 years	2 years.
	3rd offense	5 years	5 years.
Title 23
23-1327(a)(1)	Bail Reform Act	3 years	2 years.
23-1328(a)(1)	Committing a felony on release	3 years	2 years.
Title 48
48-904.01(a)-(b) [33-541]	Drugs: distribute or possess with intent to distribute
	If schedule I or II narcotics or abusive drugs (e.g., heroin, cocaine, PCP, methamphetamine)	5 years	3 years.
	If schedule I or II drugs other than above (e.g., marijuana/hashish), or schedule III drugs	3 years	2 years.
	If schedule IV drugs	3 years	1 year.
48-904.01, 22-4502 [33-541, 22-3202]	Drugs: distribute or possess with intent to distribute while armed*	5 years	5 years.
48-904.03 [33-543]	Drugs: acquiring by fraud	3 years	1 year.
48-904.03a [33-543a]	Drugs: maintaining place for manufacture or distribution	5 years	3 years.
48-904.06 [33-546]	Drugs: distribution to minors
	If a schedule I or II narcotic drug (e.g., heroin or cocaine) or PCP	5 years	3 years.
	If schedule I or II drugs other than above (e.g., marijuana, hashish, methamphetamine), or schedule III or IV drugs	3 years	2 years.
	If schedule V drugs	3 years	1 year.
48-904.07 [33-547]	Drugs: enlisting minors to sell	3 years	2 years.
48-904.07a [33-547.1]	Drugs: distribute or possess with intent to distribute in drug-free zones
	If schedule I or II narcotics or abusive drugs (e.g., heroin, cocaine, methamphetamine, or PCP)	5 years	3 years.
	If schedule I or II drugs other than above (e.g., marijuana, hashish), or schedule III or IV drugs	3 years	2 years.
	If schedule V drugs	3 years	1 year.
48-904.08 [33-548]	Drugs: 2nd+ offense
Note: This section does not apply if the offender was sentenced under 48-904.06	If schedule I or II narcotics or abusive drugs (e.g., heroin, cocaine, methamphetamine, or PCP)	5 years	3 years.
	If schedule I or II drugs other than above (e.g., marijuana, hashish), or schedule III or IV drugs	3 years	2 years.
	If schedule V drugs	3 years	1 year.
48-904.09 [33-549]	Drugs: attempt/conspiracy	the same as for the offense that was the object of the attempt or conspiracy	the same as for the offense that was the object of the attempt or conspiracy.
48-1103(b) [33-603]	Drugs: possession of drug paraphernalia with intent to deliver or sell (2nd + offense)	3 years	1 year.
48-1103(c) [33-603]	Drugs: delivering drug paraphernalia to a minor	3 years	2 years.
Title 50
50-2203.01 [40-713]	Negligent homicide (vehicular)	3 years	2 years.
50-2207.01 [40-718]	Smoke screens	3 years	2 years.

Notes:

(1) An asterisk next to the offense description indicates that the offense is statutorily designated as a Class A felony.

(2) If the defendant must register as a sex offender, the Original Maximum Authorized Term of Supervised Release is the maximum period for which the offender may be required to register as a sex offender under D.C. Code 22-4002(a) and (b) (ten years or life).SeeD.C. Code 24-403.01(b)(4). Sex offender registration is required for crimes such as first degree sexual abuse, and these crimes are listed in this table with the notation "10 years if SOR" or "life if SOR" as the Original Maximum Authorized Term of Supervised Release. Sex offender registration, however, may also be required for numerous crimes (such as burglary or murder) if a sexual act or contact was involved or was the offender's purpose. In such cases, the offender's status will be determined by the presence of an order from the sentencing judge certifying that the defendant is a sex offender.

(3) If the defendant committed the offense before 5 p.m., August 11, 2000, the maximum authorized terms of imprisonment and supervised release shall be determined by reference to 18 U.S.C. 3583 .

(d)Imprisonment; successive revocations.

(1) When the Commission revokes a term of supervised release that was imposed by the Commission after a previous revocation of supervised release, the maximum authorized term of imprisonment is the maximum term of imprisonment permitted by paragraph (a) of this section, less the term or terms of imprisonment that were previously imposed by the Commission. In calculating such previously-imposed term or terms of imprisonment, the Commission shall use the term as imposed without deducting any good time credits that may have been earned by the offender prior to his release from prison. In no case shall the total of successive terms of imprisonment imposed by the Commission exceed the maximum authorized term of imprisonment at the first revocation.

(2) For example, if the maximum authorized term of imprisonment at the first revocation is three years and the original maximum authorized term of supervised release is five years, the Commission at the first revocation may have imposed a one-year term of imprisonment and a further four-year term of supervised release. At the second revocation, the maximum authorized term of imprisonment will be two years, i.e., the maximum authorized term of imprisonment at the first revocation (three years) minus the one-year term of imprisonment that was imposed at the first revocation.

(e)Further term of supervised release; successive revocations.

(1) When the Commission revokes a term of supervised release that was imposed by the Commission following a previous revocation of supervised release, the Commission may also impose a further term of supervised release. The maximum authorized length of such a term of supervised release shall be the original maximum authorized term of supervised release permitted by paragraph (b) of this section, less the total of the terms of imprisonment imposed by the Commission on the same sentence (including the term of imprisonment imposed in the current revocation).

(2) For example, if the maximum authorized term of imprisonment at the first revocation is three years and the original maximum authorized term of supervised release is five years, the Commission at the first revocation may have imposed a one-year term of imprisonment and a four-year further term of supervised release. If, at a second revocation, the Commission imposes another one-year term of imprisonment, the maximum authorized further term of supervised release will be three years (the original five-year period minus the total of two years of imprisonment).

(f)Effect of sentencing court imposing less than the original maximum authorized term of supervised release. If the Commission has revoked supervised release, the maximum authorized period of further supervised release is determined by reference to the original maximum authorized term permitted for the offense of conviction (see paragraph (b) of this section), even if the sentencing court did not impose the original maximum authorized term permitted for the offense of conviction.

28 C.F.R. § 2.219