2005 Federal Sentencing Guidelines
Chapter 2 - PART
H - OFFENSES INVOLVING INDIVIDUAL RIGHTS
§2H4.2. Willful Violations of the Migrant and Seasonal Agricultural
Worker Protection Act
(a) Base Offense Level:6
(b) Specific Offense Characteristics
(1) If the offense involved (i) serious bodily injury, increase by 4 levels;
or (ii) bodily injury, increase by 2 levels.
(2) If the defendant committed any part of the instant offense subsequent
to sustaining a civil or administrative adjudication for similar misconduct,
increase by 2 levels.
Statutory Provision: 29
U.S.C. § 1851.
1. Definitions.—For purposes of subsection (b)(1), "bodily
injury" and "serious bodily injury" have the meaning given those terms in Application
Note 1 of the Commentary to §1B1.1 (Application Instructions).
2. Application of Subsection (b)(2).—Section 1851 of title
29, United States Code, covers a wide range of conduct. Accordingly, the enhancement
in subsection (b)(2) applies only if the instant offense is similar to previous
misconduct that resulted in a civil or administrative adjudication under the
provisions of the Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. § 1801 et. seq.).
Historical Note: Effective
May 1, 2001 (see Appendix C,
amendment 612). Amended effective November 1, 2001 (see Appendix
C, amendment 627).