2005 Federal Sentencing Guidelines
Chapter 2 - PART L - OFFENSES INVOLVING IMMIGRATION, NATURALIZATION, AND PASSPORTS
§2L1.1. Smuggling, Transporting, or Harboring an Unlawful Alien
(a) Base Offense Level:
(1) 23, if the defendant was convicted under 8 U.S.C. § 1327 of a violation involving an alien who previously was deported after a conviction for an aggravated felony; or
(2) 12, otherwise.
(b) Specific Offense Characteristics
(1) If (A) the offense was committed other than for profit, or the offense involved the smuggling, transporting, or harboring only of the defendant’s spouse or child (or both the defendant’s spouse and child), and (B) the base offense level is determined under subsection (a)(2), decrease by 3 levels.
(2) If the offense involved the smuggling, transporting, or harboring of six or more unlawful aliens, increase as follows:
Number of Unlawful Aliens Smuggled Transported or Harbored Increase in Level (A) 6-24 add 3 (B) 25-99 add 6 (C) 100 or more add 9.
(3) If the defendant committed any part of the instant offense after sustaining (A) a conviction for a felony immigration and naturalization offense, increase by 2 levels; or (B) two (or more) convictions for felony immigration and naturalization offenses, each such conviction arising out of a separate prosecution, increase by 4 levels.
(4) (Apply the Greatest):
(A) If a firearm was discharged, increase by 6 levels, but if the resulting offense level is less than level 22, increase to level 22.
(B) If a dangerous weapon (including a firearm) was brandished or otherwise used, increase by 4 levels, but if the resulting offense level is less than level 20, increase to level 20.
(C) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels, but if the resulting offense level is less than level 18, increase to level 18.
(5) If the offense involved intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person, increase by 2 levels, but if the resulting offense level is less than level 18, increase to level 18.
(6) If any person died or sustained bodily injury, increase the offense level according to the seriousness of the injury:
Death or Degree of Injury Increase in Level (1) Bodily Injury add 2 levels (2) Serious Bodily Injury add 4 levels (3) Permanent or Life-Threatening Bodily Injury add 6 levels (4) Death add 8 levels.
(c) Cross Reference
If any person was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the special maritime and territorial jurisdiction of the United States, apply the appropriate murder guideline from Chapter Two, Part A, Subpart 1.