2005 Federal Sentencing Guidelines
Chapter 2 - PART E - OFFENSES INVOLVING CRIMINAL ENTERPRISES AND RACKETEERING
§2E1.1. Unlawful Conduct Relating to Racketeer Influenced and Corrupt
(a) Base Offense Level (Apply the greater):
(1) 19; or
(2) the offense level applicable to the underlying racketeering activity.
Statutory Provisions: 18
U.S.C. §§ 1962, 1963.
1. Where there is more than one underlying offense, treat each underlying
offense as if contained in a separate count of conviction for the purposes
of subsection (a)(2). To determine whether subsection (a)(1) or (a)(2) results
in the greater offense level, apply Chapter Three, Parts A, B, C, and D to
both (a)(1) and (a)(2). Use whichever subsection results in the greater offense
2. If the underlying conduct violates state law, the offense level corresponding
to the most analogous federal offense is to be used.
3. If the offense level for the underlying racketeering activity is less
than the alternative minimum level specified (i.e.,
19), the alternative minimum base offense level is to be used.
4. Certain conduct may be charged in the count of conviction as part of a "pattern
of racketeering activity" even though the defendant has previously been sentenced
for that conduct. Where such previously imposed sentence resulted from a conviction
prior to the last overt act of the instant offense, treat as a prior sentence
under §4A1.2(a)(1) and not as part of the instant offense. This treatment
is designed to produce a result consistent with the distinction between the
instant offense and criminal history found throughout the guidelines. If this
treatment produces an anomalous result in a particular case, a guideline departure
may be warranted.
Historical Note: Effective
November 1, 1987. Amended effective June 15, 1988 (see Appendix
C, amendment 26); November 1, 1989 (see Appendix
C, amendment 142).