SentenceCalc

Multiple crimes: how counts are grouped

When someone is convicted of more than one count, the sentences are not simply added together. The guidelines group closely related counts, then add a limited number of levels for each additional group. Two separate robberies of similar seriousness add 2 levels, not a second robbery sentence.

Guidelines Manual effective November 1, 2025Updated October 4, 2026

General information about how the guidelines work, written by web developers, not lawyers. It is not legal advice about any case; see the disclaimer.

Counts involving substantially the same harm are grouped together (§3D1.2):

  • Same victim, same act, such as a robbery and the assault during it.
  • Same victim, several acts connected by a common scheme, such as repeated thefts from one employer.
  • One count is already a factor in another, such as a gun count whose conduct already raised the robbery level.
  • Amount-based crimes that add up, such as fraud, theft, drug trafficking, money laundering and tax offenses. The amounts are added together and the guideline is applied once (§3D1.2(d), §3D1.3(b)).

A group takes the offense level of its most serious count (or of the combined amount).

Step 2: count units

GroupUnits
The most serious group1
Equally serious, or 1 to 4 levels less serious1
5 to 8 levels less serious½
9 or more levels less serious0
Total units11½22½–33½–5More than 5
Levels added012345

The levels are added to the most serious group's level. The manual's own example: groups at levels 15, 10 and 10 make 2 units (1 + ½ + ½), so the combined level is 17 (§3D1.4).

What stays outside the grouping

Counts with a mandatory consecutive term, such as §924(c) gun counts or aggravated identity theft (18 U.S.C. §1028A), are left out of the grouping and added on top. The combined range is then limited by the sum of the statutory maximums of all counts (§5G1.2).

Frequently asked questions

If someone is convicted of two federal crimes, do the sentences run consecutively?

Usually not in the way people fear. The guidelines produce one combined range for all grouped counts, and the court imposes sentences on each count that together match that range. Only counts with mandatory consecutive terms, like §924(c), are added on top.

How much does a second robbery add?

Two separate robberies of the same seriousness are 2 units, which adds 2 levels. For a bank robbery with a gun shown and a guilty plea, that moves the range from 51–63 to 63–78 months.

Sources