2005 Federal Sentencing Guidelines
Chapter 2 - PART D - OFFENSES INVOLVING
§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
(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.
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).