Minor v. Minimal Participant Role?

[mach1]

Who in this brilliant community can tell me what the difference is between "minor" v. "minimal" participant with respect to the federal sentencing guidelines??? Thanks in advance!

[hkieffer]

it is all relative. A minor participant gets a 2 level reduction under the US Sentencing Guidelines and a minimal participant get 4. These adjustments are typically considered in drug cases.

The Guidelines (commentary) suggest that neither (adjustment) will happen very often. FYI - 3 levels is possible for a finding in between the two mitigating roles. Also, there is quite a lot of case law in this area as well as a diversity of opinions over the varios Circuits. For example, someone who just serves as a mule or courier doesn't necessarily get a reduction. The fact that a case has only one defendant also doesn't mean that a role reduction is not possible.

There are so many variables it is very difficult, if not impossible, to speculate. Under the Nov. 1, 2002 version a role reduction is required to "cap" the drug quantity at level 30.

[John B. Webster]

Mach1:

Below is the Guideline Commentary on the difference. They seem like a distinction without a difference to me, but hope this helps.


4. Minimal Participant.—Subsection (a) applies to a defendant described in Application Note 3(A) who plays a minimal role in concerted activity. It is intended to cover defendants who are plainly among the least culpable of those involved in the conduct of a group. Under this provision, the defendant’s lack of knowledge or understanding of the scope and structure of the enterprise and of the activities of others is indicative of a role as minimal participant. It is intended that the downward adjustment for a minimal participant will be used infrequently.

5. Minor Participant.— Subsection (b) applies to a defendant described in Application Note 3(A) who is less culpable than most other participants, but whose role could not be described as minimal.

[hkieffer]

The commentary should be read along with the application notes (in this case, Application Note 3(A)) and the relevant law in the Circuit.

[mach1]

Thanks folks! This helps!! Just to recap, Is either minimal or minor a downward departure OR is it an adjustment to the actual sentence?

[John B. Webster]

It is an adjustment

[hkieffer]

Originally Posted by mach1

Thanks folks! This helps!! Just to recap, Is either minimal or minor a downward departure OR is it an adjustment to the actual sentence?

Just to clarify a bit. A mitigating role adjustment is to the total offense level under the Guidelines - not to any actual sentence.