[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/brianzeiger.com\/blog\/cross-references-special-instructions\/#BlogPosting","mainEntityOfPage":"https:\/\/brianzeiger.com\/blog\/cross-references-special-instructions\/","headline":"Cross References & Special Instructions","name":"Cross References & Special Instructions","description":"As if the federal sentencing guidelines aren\u2019t harsh enough, the guidelines occasionally contain a \u201ccross reference\u201d or a \u201cspecial instruction\u201d. At sentencing in federal court, Cross References &\u00a0Special Instructions create a situation where the guidelines are increased to suggest to the court the defendant should get...","datePublished":"2016-08-01","dateModified":"2026-05-26","author":{"@type":"Person","@id":"https:\/\/brianzeiger.com\/blog\/author\/brian-zeiger\/#Person","name":"Brian Zeiger","url":"https:\/\/brianzeiger.com\/blog\/author\/brian-zeiger\/","identifier":42,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/7a682399ba02aafb62a6f2c6afbe4dbf5a2008f832a8afa98110b3aee6d903de?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/7a682399ba02aafb62a6f2c6afbe4dbf5a2008f832a8afa98110b3aee6d903de?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"The Zeiger Firm","logo":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/logo.png","width":257,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/bible_cross_references.png","url":"https:\/\/brianzeiger.com\/wp-content\/uploads\/2021\/09\/bible_cross_references.png","height":300,"width":600},"url":"https:\/\/brianzeiger.com\/blog\/cross-references-special-instructions\/","about":["Federal Criminal Defense","Sentencing"],"wordCount":758,"articleBody":"As if the federal sentencing guidelines aren\u2019t harsh enough, the guidelines occasionally contain a \u201ccross reference\u201d or a \u201cspecial instruction\u201d. At sentencing in federal court, Cross References &\u00a0Special Instructions create a situation where the guidelines are increased to suggest to the court the defendant should get even more time due to a special circumstance or unique situation anticipated by congress. These guidelines provisions are very frustrating to federal crime defense attorneys because the federal sentencing guidelines are so terrible on a cross references &\u00a0special instructions, the additional direction can defeat our work in getting a reduced sentence.The statute for\u00a0a cross reference:\u00a71B1.5.\u00a0\u00a0\u00a0\u00a0\u00a0Interpretation of References to Other Offense Guidelines(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A cross reference (an instruction to apply another offense guideline) refers to the entire offense guideline (i.e., the base offense level, specific offense characteristics, cross references, and special instructions).(b)\u00a0\u00a0\u00a0\u00a0\u00a0 (1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An instruction to use the offense level from another offense guideline refers to the offense level from the entire offense guideline (i.e., the base offense level, specific offense characteristics, cross references, and special instructions), except as provided in subdivision (2) below.(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An instruction to use a particular subsection or table from another offense guideline refers only to the particular subsection or table referenced, and not to the entire offense guideline.(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the offense level is determined by a reference to another guideline under subsection (a) or (b)(1) above, the adjustments in Chapter Three (Adjustments) also are determined in respect to the referenced offense guideline, except as otherwise expressly provided.(d)\u00a0\u00a0\u00a0\u00a0\u00a0 A reference to another guideline under subsection (a) or (b)(1) above may direct that it be applied only if it results in the greater offense level.\u00a0 In such case, the greater offense level means the greater Chapter Two offense level, except as otherwise expressly provided.An example where both a cross reference &\u00a0special instruction are in the same statute are the\u00a0sentencing guidelines\u00a0for supporting a terror organization.\u00a72M5.3.\u00a0\u00a0\u00a0\u00a0Providing Material Support or Resources to Designated Foreign Terrorist Organizations or Specially Designated Global Terrorists, or For a Terrorist Purpose(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Base Offense Level:\u00a026(b)\u00a0\u00a0 \u00a0\u00a0 Specific Offense Characteristic(1)\u00a0 \u00a0\u00a0\u00a0\u00a0 If the offense involved the provision of (A) dangerous weapons; (B) firearms; (C) explosives;\u00a0 (D) funds with the intent, knowledge, or reason to believe such funds would be used to purchase any of the items described in subdivisions (A) through (C); or (E) funds or other material support or resources with the intent, knowledge, or reason to believe they are to be used to commit or assist in the commission of a violent act, increase by\u00a02\u00a0levels.(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Cross References(1)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the offense resulted in death, apply \u00a72A1.1 (First Degree Murder) if the death was caused intentionally or knowingly, or \u00a72A1.2 (Second Degree Murder) otherwise, if the resulting offense level is greater than that determined above.(2)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the offense was tantamount to attempted murder, apply \u00a72A2.1 (Assault with Intent to Commit Murder; Attempted Murder), if the resulting offense level is greater than that determined above.(3) \u00a0\u00a0\u00a0\u00a0\u00a0 If the offense involved the provision of (A) a nuclear weapon, nuclear material, or nuclear byproduct material; (B) a chemical weapon; (C) a biological agent, toxin, or delivery system; or (D) a weapon of mass destruction, apply \u00a72M6.1 (Nuclear, Biological, and Chemical Weapons, and Other Weapons of Mass Destruction), if the resulting offense level is greater than that determined above.Commentary\u20262. Departure Provisions.\u2014(A)\u00a0\u00a0\u00a0\u00a0\u00a0In General.\u2014In determining the sentence within the applicable guideline range, the court may consider the degree to which the violation threatened a security interest of the United States, the volume of the funds or other material support or resources involved, the extent of planning or sophistication, and whether there were multiple occurrences.\u00a0 In a case in which such factors are present in an extreme form, a departure from the guidelines may be warranted.\u00a0\u00a0See\u00a0Chapter Five, Part K (Departures).(B)\u00a0\u00a0\u00a0\u00a0\u00a0War or Armed Conflict.\u2014In the case of a violation during time of war or armed conflict, an upward departure may be warranted.You can see the increase in both the cross reference and the special instruction above. The cross reference can cause the judge to treat the case like a murder and the special instruction can tell the judge to grant an upward departure for the government in certain situations. However, upward departures often lead to\u00a0sentencing challenges\u00a0that are open to review on appeal.If you believe your federal sentencing has a cross reference or a special instruction, make sure your lawyer knows how to anticipate the government\u2019s sentencing memo."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/brianzeiger.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Cross References & Special Instructions","item":"https:\/\/brianzeiger.com\/blog\/cross-references-special-instructions\/#breadcrumbitem"}]}]