SentenceCalc

Gathering National Defense Information Sentence Calculator

This page covers cases where a person gathered national defense secrets. Federal sentences for gathering national defense information are calculated under §2M3.2 of the Sentencing Guidelines, which sets a starting offense level from 30 to 35 depending on the kind of offense, then adds levels for the facts of the case. At the first starting point in the table below (level 30) alone, someone with no criminal history points who pleads guilty scores 57–71 months under the guidelines.

Verified Checked against the manual text in at least five AI-assisted review rounds. Not yet reviewed by an attorney. Guidelines Manual effective November 1, 2025Updated October 4, 2026

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Starting level and typical ranges

These ranges use the starting level alone, before any adjustments, for someone with no criminal record unless the column says otherwise. Most real cases add levels.

Starting pointLevelTrialGuilty pleaPlea + zero-pointCategory IV, plea
Was top secret information gathered: Other national defense or classified information (not top secret)3097–121 months70–87 months57–71 months100–125 months
Was top secret information gathered: Yes, top secret information35168–210 months121–151 months97–121 months168–210 months

Important details

  • For a conviction under 18 U.S.C. §793(d) or (e), §2M3.3 may apply instead. Section 2M3.2 covers the willful passing on of spoken or other intangible information with reason to believe it could hurt the United States or help a foreign nation (§2M3.2, note 2; §2M3.3, note 2).
  • 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 gathering national defense information?

The guideline for gathering national defense information is §2M3.2 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 30 to level 35. The table on this page lists each starting point.

What is the guideline range for gathering national defense information with no criminal history points and a guilty plea?

Using the first starting point in the table on this page (level 30) alone, a person with no criminal history points who pleads guilty scores 57–71 months (4 years, 9 months to 5 years, 11 months), including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.

Is probation possible for gathering national defense information?

Not under the guidelines. Even at the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone D, where the minimum must be served in prison, though a judge may vary below it.

Is the calculator accurate for gathering national defense information?

It follows §2M3.2 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.