offense levels under Section 3B1.3. U.S.S.G. § 2H2.1,
cmt. background (1998).
• If individual voters are viewed as vulnerable victims,
separate substantive counts under Section 2H2.1
generally cannot be grouped under Section 3D1.2, so
that counts involving multiple voters may result in
increases of up to an additional five levels.
• Obstruction may add increased levels under Section
3C1.1. See Slone, 411 F.3d 643 (lying to the FBI);
Cole, 41 F.3d 303 (threatening a witness).
• If the election fraud involved “corrupting a public
official,” an upward departure may be warranted under
Chapter Five, Part K (Departures). U.S.S.G. § 2H2.1,
cmt. n.1 (1998).
Thus, even for defendants without a criminal history,
the guidelines’ upward adjustments generally raise the base offense
level for election fraud to a point where the imposition of significant
prison terms is recommended.
For the purpose of sentencing criminal violations of
FECA, offenses are handled under FECA guidelines. The
guideline, U.S.S.G. § 2C1.8, reads as follows:
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