2007 Federal Sentencing Guidelines
CHAPTER 2 - PART X - OTHER OFFENSES
7. OFFENSES INVOLVING BORDER TUNNELS
Historical Note: Effective November 1, 2007 (see Appendix C, amendment 700).
§2X7.1. Border Tunnels and Subterranean Passages
(a) Base Offense Level:
(1) If the defendant was convicted under 18 U.S.C. § 554(c), 4 plus the offense level applicable to the underlying smuggling offense. If the resulting offense level is less than level 16, increase to level 16.
(2) 16, if the defendant was convicted under 18 U.S.C. § 554(a); or
(3) 8, if the defendant was convicted under 18 U.S.C. § 554(b).
Commentary
Statutory Provision: 18 U.S.C. § 554.
Application Note:
1. Definition.—For purposes of this guideline, "underlying smuggling offense" means the smuggling offense the defendant committed through the use of the tunnel or subterranean passage.