CHAPTER TWO - OFFENSE CONDUCT


PART X - OTHER OFFENSES

7.OFFENSES INVOLVING BORDER TUNNELS AND SUBMERSIBLE AND SEMI-SUBMERSIBLE VESSELS

§2X7.2. Submersible and Semi-Submersible Vessels

(a)Base Offense Level: 26

(b)Specific Offense Characteristic

(1)(Apply the greatest) If the offense involved—

(A)a failure to heave to when directed by law enforcement officers, increase by 2 levels;

(B)an attempt to sink the vessel, increase by 4 levels; or

(C)the sinking of the vessel, increase by 8 levels.

Commentary

Statutory Provision: 18 U.S.C. § 2285.

Application Notes:

1.Upward Departure Provisions.—An upward departure may be warranted in any of the following cases:

(A)The defendant engaged in a pattern of activity involving use of a submersible vessel or semi-submersible vessel described in 18 U.S.C. § 2285 to facilitate other felonies.

(B)The offense involved use of the vessel as part of an ongoing criminal organization or enterprise.

Background. This guideline implements the directive to the Commission in section 103 of Public Law 110–407.

Historical Note: Effective November 1, 2009 (see Appendix C, amendment 728).