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 172

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