CHAPTER TWO - PART P - OFFENSES INVOLVING PRISONS AND CORRECTIONAL FACILITIES
§2P1.2. Providing or Possessing Contraband in Prison
(a) Base Offense Level:
(1) 23, if the object was a firearm or destructive device.
(2) 13, if the object was a weapon (other than a firearm or a destructive device), any object that might be used as a weapon or as a means of facilitating escape, ammunition, LSD, PCP, methamphetamine, or a narcotic drug.
(3) 6, if the object was an alcoholic beverage, United States or foreign currency, or a controlled substance (other than LSD, PCP, methamphetamine, or a narcotic drug).
(4) 4, if the object was any other object that threatened the order, discipline, or security of the institution or the life, health, or safety of an individual.
(b) Specific Offense Characteristic
(1) If the defendant was a law enforcement or correctional officer or employee, or an employee of the Department of Justice, at the time of the offense, increase by 2 levels.
(c) Cross Reference
(1) If the object of the offense was the distribution of a controlled substance, apply the offense level from §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking; Attempt or Conspiracy). Provided, that if the defendant is convicted under 18 U.S.C. § 1791(a)(1) and is punishable under 18 U.S.C. § 1791(b)(1), and the resulting offense level is less than level 26, increase to level 26.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendments 202 and 203); November 1, 1995 (see Appendix C, amendment 525); November 1, 1998 (see Appendix C, amendment 579); November 1, 2005 (see Appendix C, amendment 680).