2013 2x7_2

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 Note:

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).