3. Examples of Application of FECA Sentencing Guidelines The following six examples illustrate how the Department believes the guideline for campaign financing crimes would work for various FECA financing crimes. Each scenario assumes conviction after trial. 66 We have also assumed that the defendant falls under Criminal History Category I. (a) Example 1: The conduit Factual Scenario: The defendant permitted his name to be used by another person to make a contribution of $4,000 to a federal candidate ($2,000 for the primary and $2,000 for the general election) in violation of 52 U.S.C. § 30122. The funds used to make the contribution came from the other person. The aggregate value of the conduit violations is $4,000. Because the aggregate violation is at least $2,000 but does not exceed $25,000, it is a misdemeanor under 52 U.S.C. § 30109(d)(1)(A)(ii). 67 As readers know, the majority of federal prosecutions result in pleas of guilty, which generally result in a reduction of two or three levels in the defendant’s total offense level under § 3E1.1 for acceptance of responsibility. We have not included calculations based on guilty pleas. A two- or three-level reduction in total offense level, especially at higher total levels, may result in a significant reduction in the recommended term of imprisonment. 66 The offense is a Class A misdemeanor, 18 U.S.C. § 3559(a)(6), to which the guidelines apply. U.S.S.G. § 1B1.2(a). 67 185

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