CHAPTER TWO - OFFENSE CONDUCT


PART D - OFFENSES INVOLVING DRUGS AND NARCO-TERRORISM


2.      UNLAWFUL POSSESSION


§2D2.3.     Operating or Directing the Operation of a Common Carrier Under the Influence of Alcohol or Drugs

(a)      Base Offense Level (Apply the greatest):

(1)       26, if death resulted; or

(2)       21, if serious bodily injury resulted; or

(3)       13, otherwise.

(b)      Special Instruction:

(1)       If the defendant is convicted of a single count involving the death or serious bodily injury of more than one person, apply Chapter Three, Part D (Multiple Counts) as if the defendant had been convicted of a separate count for each such victim.


Commentary

Statutory Provision:  18 U.S.C. § 342.

Background:  This section implements the direction to the Commission in Section 6482 of the Anti-Drug Abuse Act of 1988.  Offenses covered by this guideline may vary widely with regard to harm and risk of harm.  The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus.  If no or only a few passengers were placed at risk, a downward departure may be warranted.  If the offense resulted in the death or serious bodily injury of a large number of persons, such that the resulting offense level under subsection (b) would not adequately reflect the seriousness of the offense, an upward departure may be warranted.

Historical Note:  Effective November 1, 1987.  Amended effective January 15, 1988 (see Appendix C, amendment 25); November 1, 1989 (see Appendix C, amendment 141).