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Federal sentencing · Guideline estimate

Aggravated Identity Theft Calculator.

Mandatory consecutive time under 18 USC 1028A

18 U.S.C. § 1028A USSG §2B1.6 Stat max: 2 years consecutive (mandatory)
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The briefing · AGGRAVATED IDENTITY THEFT

Guideline calculator · 18 U.S.C. § 1028A USSG §2B1.6
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Estimate only. Not legal advice. Actual sentencing depends on departures, variances, and case-specific facts.

How this charge is sentenced.

Aggravated identity theft carries a mandatory consecutive 2-year sentence that runs after any other sentence imposed.

What moves the number.

This count stacks on top of your underlying fraud or theft sentence - it cannot be served concurrently.

Federal judges sentence under the advisory guidelines, but the guideline range is where every case starts. Loss amounts get contested, roles get litigated, and cooperation agreements move the final number. If you are facing aggravated identity theft, the consultation is free - and the earlier counsel starts, the more levers exist.

Facing aggravated identity theft?

The number is not final until sentencing.

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Guideline-driven sentencing.

Aggravated Identity Theft is sentenced under a specific guideline section that sets a base offense level and applies adjustments for role, acceptance of responsibility, and offense-specific characteristics. The advisory range from the sentencing table is where every plea negotiation and variance argument begins.

Why the guideline range is only a starting point.

After United States v. Booker, federal judges must consider the guideline range but may impose a sentence above or below it based on 18 U.S.C. §3553(a). Downward departures, substantial assistance motions under §5K1.1, and compassionate release petitions can all move the final number - but only if counsel builds the record early.

General information, not legal advice. Your facts decide everything. Skip reading - just call →

FROM THE RECORD · S.D.N.Y. & BEYOND

Acquitted.

$26M money laundering

Dismissed.

RICO · 10-year minimum faced

Six months.

$12M Ponzi · years asked

All results →

How federal sentencing unfolds.

The full process →
01 · Charge Indictment or plea Prosecutors publish a loss figure or drug quantity. That number is the opening bid - not the final word.
02 · PSR Presentence report Probation calculates offense level and criminal history. Defense counsel objects to every disputed enhancement.
03 · Sentencing Guideline range + variance The judge starts with the guideline range, then considers §3553(a) factors. Mitigation built early moves the final number.

FAQ · AGGRAVATED IDENTITY THEFT

01 How does the Aggravated Identity Theft sentencing calculator work?
Enter your criminal history category, the loss amount or drug quantity prosecutors attribute to you, and any role or acceptance adjustments. The tool applies the USSG sentencing table and offense-specific guidelines to estimate your advisory range in months.
02 Is the statutory maximum the sentence I will receive for Aggravated Identity Theft?
Almost never. The statutory maximum is a ceiling. Most federal sentences are driven by the guideline range, which is calculated from offense level and criminal history - not the maximum printed in the statute.
03 Can a judge sentence below the guideline range?
After Booker, guidelines are advisory. Judges may grant downward variances under 18 U.S.C. §3553(a) based on your history, conduct, and the nature of the offense - but the guideline range remains the starting point for every negotiation.
04 Should I use this calculator instead of talking to a lawyer?
No. This tool provides a rough estimate only. An experienced federal defense attorney evaluates relevant conduct, contested enhancements, and case-specific mitigation that no calculator can capture.
05 What collateral consequences follow a Aggravated Identity Theft conviction?
A federal fraud sentence rarely ends at release. Restitution orders, forfeiture, and a permanent felony record follow most aggravated identity theft convictions. Common examples include: Restitution and forfeiture - courts order repayment to victims and may seize accounts, real estate, and business interests tied to the scheme. Professional licenses - attorneys, CPAs, brokers, healthcare providers, and contractors often face bar, FINRA, or state board discipline after a felony conviction. Employment and security clearances - federal fraud convictions trigger automatic disqualification from many financial, government, and defense-sector roles. Collateral consequences often outlast the guideline range. Negotiating charge selection, loss amounts, and restitution structure early can limit what follows a conviction.
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FROM THE RECORD

Acquittal

$26M money laundering

Dismissed

RICO · 10-year mandatory minimum

6 months

$12M Ponzi · prosecutors asked for years
Todd A. Spodek, Managing Partner

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Todd A. Spodek is a second-generation trial lawyer whose defense of Anna Delvey became Netflix's Inventing Anna. Six months on a $12M Ponzi case when prosecutors pushed for years - that is what guidelines work looks like in practice.

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Get ahead of the number.

Answered within 24 hours, guaranteed. The guideline is the starting point - counsel moves it. Some stories are better told out loud.

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