CHAPTER SIX
SENTENCING OF ELECTION CRIMES
OVERVIEW
This chapter discusses the sentencing of election crimes
pursuant to the United States Sentencing Guidelines promulgated
by the United States Sentencing Commission.
U.S.
S ENTENCING GUIDELINES M ANUAL (U.S.S.G. or sentencing
guidelines).
For sentencing purposes, election crimes are divided into
four categories:
(1) Offenses involving corruption of the electoral
process. This type of offense is governed by U.S.S.G. § 2H2.1.
(2) Offenses that violate FECA. Campaign financing
offenses that occur after January 25, 2003, are governed by
U.S.S.G. § 2C1.8, a guideline that was promulgated by the United
States Sentencing Commission in response to a congressional
mandate in the BCRA. See United States v. Rowland, Cr. No.
3:14cr79 (JBA), 2015 WL 1275655, at *3 (D. Conn. Mar. 19,
2015) (applying Section 2C1.8 to a FECA violation). Prior to
January 25, 2003, there was no guideline, or analogous guideline,
that applied to FECA offenses and therefore FECA crimes were
sentenced pursuant to U.S.S.G. § 2X5.1.
(3) Campaign financing offenses addressed by
alternative theories of prosecution. Certain campaign financing
crimes also may be prosecuted under Title 18 statutes, such as
18 U.S.C. § 371 (conspiracy), § 1001 (false statements), § 1341
(mail fraud), § 1343 (wire fraud), and § 1519 (creation of false
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