§2A5.3. Committing Certain Crimes Aboard Aircraft
(a) Base Offense Level: The offense level applicable to the underlying offense.
Statutory Provision: 49 U.S.C. § 46506 (formerly 49 U.S.C. § 1472(k)(1)).
1."Underlying offense" refers to the offense listed in 49 U.S.C. § 46506 of which the defendant is convicted.
2.If the conduct intentionally or recklessly endangered the safety of the aircraft or passengers, an upward departure may be warranted.