Starting level and typical ranges
These ranges use the starting level alone, before any of the facts listed below, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| $200 or less | 4 | 0–6 months | 0–6 months | 0–6 months | 0–6 months |
| More than $200 | 5 | 0–6 months | 0–6 months | 0–6 months | 0–6 months |
| More than $40,000 | 14 | 15–21 months | 10–16 months | 6–12 months | 21–27 months |
| More than $9,500,000 | 26 | 63–78 months | 46–57 months | 37–46 months | 70–87 months |
| More than $550,000,000 | 36 | 188–235 months | 135–168 months | 108–135 months | 188–235 months |
What changes the sentence
Each of these facts moves the offense level under §2T3.1. Adjustments that apply to every offense, such as role in the offense, obstruction, a guilty plea and criminal history, come after these.
| Fact | Effect | Rule |
|---|---|---|
| Did the offense involve sophisticated means: Yes | +2, at least level 12 | §2T3.1(b)(1) |
Important details
- If the smuggled item is contraband covered by another guideline, such as drugs, guns or protected wildlife, that guideline applies if it gives a higher level (§2T3.1(c)(1)).
- For tourists who bring in items for their own use, a sentence at or near the bottom of the range is typical.
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for customs smuggling?
The guideline for customs smuggling is §2T3.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 4 to level 36. The table on this page lists each starting point.
What is the guideline range for customs smuggling with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 4) alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. The facts listed under “What changes the sentence” can add levels, and the judge can sentence outside the range.
Is probation possible for customs smuggling?
The guidelines allow it at the first starting point in the table: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for customs smuggling?
It follows §2T3.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
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