AMENDMENT 699

Amendment: The Commentary to §2A1.1 captioned "Statutory Provisions" is amended by inserting "1992(a)(7)," after "1841(a)(2)(C),"; and by inserting "2199, 2291," after "2118(c)(2),".

The Commentary to §2A1.2 captioned "Statutory Provisions" is amended by inserting "2199, 2291," after "1841(a)(2)(C),".

The Commentary to §2A1.3 captioned "Statutory Provisions" is amended by inserting "2199, 2291," after "1841(a)(2)(C),".

The Commentary to §2A1.4 captioned "Statutory Provisions" is amended by inserting "2199, 2291," after "1841(a)(2)(C),".

The Commentary to §2A1.4 captioned "Application Note" is amended in Note 1 by striking "18 U.S.C. § 1993(c)(5)" and inserting "18 U.S.C. § 1992(d)(7)".

The Commentary to §2A2.1 captioned "Statutory Provisions" is amended by striking "1993(a)(6)" and inserting "1992(a)(7), 2199, 2291".

The Commentary to §2A2.2 captioned "Statutory Provisions" is amended by striking "1993(a)(6)," and inserting "1992(a)(7), 2199, 2291,".

The Commentary to §2A2.3 captioned "Statutory Provisions" is amended by inserting ", 2199, 2291" after "1751(e)".

The Commentary to §2A2.4 captioned "Statutory Provisions" is amended by inserting "2237(a)(1), (a)(2)(A)," after "1502,".

Section 2A5.2 is amended in the heading by inserting "Navigation," after "Dispatch,"; and by striking "or Ferry".

Sections 2A5.2(a)(1) and (a)(2) are amended by striking the comma after "facility" each place it appears and inserting "or"; and by striking ", or a ferry" each place it appears.

The Commentary to §2A5.2 captioned "Statutory Provisions" is amended by striking "1993(a)(4), (5), (6), (b);" and inserting "1992(a)(1), (a)(4), (a)(5), (a)(6);".

The Commentary to §2A5.2 captioned "Application Note" is amended in Note 1 in the last paragraph by striking "18 U.S.C. § 1993(c)(5)" and inserting "18 U.S.C. § 1992(d)(7)".

The Commentary to §2A6.1 captioned "Statutory Provisions" is amended by striking "1993(a)(7), (8)," and inserting "1992(a)(9), (a)(10), 2291(a)(8), 2291(e), 2292,".

Section 2B1.1(b) is amended by striking subdivision (11) as follows:

"(11) If the offense involved an organized scheme to steal vehicles or vehicle parts, and the offense level is less than level 14, increase to level 14.",

and inserting the following:

"(11) If the offense involved an organized scheme to steal or to receive stolen (A) vehicles or vehicle parts; or (B) goods or chattels that are part of a cargo shipment, increase by 2 levels. If the offense level is less than level 14, increase to level 14.".

The Commentary to §2B1.1 captioned "Statutory Provisions" is amended by inserting "(a)(1), (a)(5)" after "1992"; by striking "1993(a)(1), (a)(4),"; by inserting "2291," after "2113(b),"; and by inserting "14915," after "49 U.S.C. §§".

The Commentary to §2B1.1 captioned "Application Notes" is amended by striking Note 10 as follows:

"10. Chop Shop Enhancement under Subsection (b)(11).—Subsection (b)(11) provides a minimum offense level in the case of an ongoing, sophisticated operation (such as an auto theft ring or ‘chop shop’) to steal vehicles or vehicle parts, or to receive stolen vehicles or vehicle parts. ‘Vehicles’ refers to all forms of vehicles, including aircraft and watercraft.",

and inserting the following:

"10. Application of Subsection (b)(11).—Subsection (b)(11) provides a minimum offense level in the case of an ongoing, sophisticated operation (e.g., an auto theft ring or ‘chop shop’) to steal or to receive stolen (A) vehicles or vehicle parts; or (B) goods or chattels that are part of a cargo shipment. For purposes of this subsection, ‘vehicle’ means motor vehicle, vessel, or aircraft. A ‘cargo shipment’ includes cargo transported on a railroad car, bus, steamboat, vessel, or airplane.".

Section 2B2.3(b)(1) is amended by striking "secured" each place it appears and inserting "secure"; and by inserting "or a seaport" after "airport".

The Commentary to §2B2.3 captioned "Statutory Provisions" is amended by inserting ", 2199" after "1036".

The Commentary to §2B2.3 captioned "Application Notes" is amended in Note 1 by adding at the end the following:

"‘Seaport’ has the meaning given that term in 18 U.S.C. § 26.".

The Commentary to §2B2.3 captioned "Background" is amended by striking "secured" before "government" and inserting "secure"; and by striking ", such as nuclear facilities," and inserting "(such as nuclear facilities) and other locations (such as airports and seaports)".

The Commentary to §2C1.1 captioned "Statutory Provisions" is amended by inserting "226," after "§§ 201(b)(1), (2),".

The Commentary to §2K1.4 captioned "Statutory Provisions" is amended by inserting "(a)(1), (a)(2), (a)(4)" after "1992"; by striking "1993(a)(1), (a)(2), (a)(3), (b),"; and by inserting "2291," after "2275,".

The Commentary to §2K1.4 captioned "Application Notes" is amended in Note 1 by striking "18 U.S.C. § 1993(c)(5)" and inserting "18 U.S.C. § 1992(d)(7)".

The Commentary to §2M6.1 captioned "Statutory Provisions" is amended by striking "1993(a)(2), (3), (b), 2332a (only with respect to weapons of mass destruction as defined in 18 U.S.C. § 2332a(c)(2)(B), (C), and (D))," and inserting "1992(a)(2), (a)(3), (a)(4), (b)(2), 2291,".

The Commentary to §2Q1.1 captioned "Statutory Provisions" is amended by inserting "18 U.S.C. § 1992(b)(3);" before "33 U.S.C. § 1319(c)(3);".

Section 2X1.1 is amended in subsection (d)(1)(A) by inserting "(a)(1)-(a)(7), (a)(9), (a)(10)" after "1992"; and in subsection (d)(1)(B) by inserting "and" after "§ 32;"; and by striking "18 U.S.C. § 1993; and".

The Commentary to §2X5.2 captioned "Statutory Provisions" is amended by inserting "; 49 U.S.C. § 31310" after "14133".

Appendix A (Statutory Index) is amended by inserting after the line referenced to 18 U.S.C. § 225 the following:

"18 U.S.C. § 226                             2C1.1";

by inserting after the line referenced to 18 U.S.C. § 1035 the following:

"18 U.S.C. § 1036                           2B2.3";

by striking the following:

"18 U.S.C. § 1992                           2A1.1, 2B1.1, 2K1.4, 2X1.1
18 U.S.C. § 1993(a)(1)                    2B1.1, 2K1.4
18 U.S.C. § 1993(a)(2)                    2K1.4, 2M6.1
18 U.S.C. § 1993(a)(3)                    2K1.4, 2M6.1
18 U.S.C. § 1993(a)(4)                    2A5.2, 2B1.1
18 U.S.C. § 1993(a)(5)                    2A5.2
18 U.S.C. § 1993(a)(6)                    2A2.1, 2A2.2, 2A5.2
18 U.S.C. § 1993(a)(7)                    2A6.1
18 U.S.C. § 1993(a)(8)                    2A5.2 (if attempt or conspiracy to commit 18 U.S.C. § 1993(a)(4), (a)(5), or (a)(6)), 2A6.1
18 U.S.C. § 1993(b)                        2A5.2, 2K1.4, 2M6.1",

and inserting the following:

"18 U.S.C. § 1992(a)(1)                   2A5.2, 2B1.1, 2K1.4, 2X1.1
18 U.S.C. § 1992(a)(2)                    2K1.4, 2M6.1, 2X1.1
18 U.S.C. § 1992(a)(3)                    2M6.1, 2X1.1
18 U.S.C. § 1992(a)(4)                    2A5.2, 2K1.4, 2M6.1, 2X1.1
18 U.S.C. § 1992(a)(5)                    2A5.2, 2B1.1, 2X1.1
18 U.S.C. § 1992(a)(6)                    2A5.2, 2X1.1
18 U.S.C. § 1992(a)(7)                    2A1.1, 2A2.1, 2A2.2, 2X1.1
18 U.S.C. § 1992(a)(8)                    2X1.1
18 U.S.C. § 1992(a)(9)                    2A6.1, 2X1.1
18 U.S.C. § 1992(a)(10)                  2A6.1, 2X1.1";

in the line referenced to 18 U.S.C. § 2199 by inserting "2A1.1, 2A1.2, 2A1.3, 2A1.4, 2A2.1, 2A2.2, 2A2.3," before "2B1.1";

by inserting after the line referenced to 18 U.S.C. § 2233 the following:

"18 U.S.C. § 2237(a)(1), (a)(2)(A)    2A2.4
18 U.S.C. § 2237(a)(2)(B)                2B1.1";

by inserting after the line referenced to 18 U.S.C. § 2281 the following:

"18 U.S.C. § 2291                             2A1.1, 2A1.2, 2A1.3, 2A1.4, 2A2.1, 2A2.2, 2A2.3, 2A6.1, 2B1.1, 2K1.4, 2M6.1
18 U.S.C. § 2292                              2A6.1";

by inserting after the line referenced to 49 U.S.C. § 14912 the following:

"49 U.S.C. § 14915                           2B1.1"; and

by inserting after the line referenced to 49 U.S.C. § 30170 the following:

"49 U.S.C. § 31310                           2X5.2".

Reason for Amendment: This amendment implements various provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005, Pub. L. 109–177 (the "PATRIOT Reauthorization Act") and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109–59 ("SAFETEA-LU").

The PATRIOT Reauthorization Act created several new offenses and increased the scope of or penalty for several existing offenses. SAFETEA-LU also created two new offenses. This amendment references both the new statutes and those with increased scope and penalties to existing guidelines. The amendment also provides a corresponding amendment to Appendix A (Statutory Index). The Commission concluded that referencing the new offenses to existing guidelines was appropriate because the type of conduct criminalized by the new statutes was adequately addressed and penalized by the guidelines.

Section 307(c) of the PATRIOT Reauthorization Act directed the Commission to review the guidelines to determine whether a sentencing enhancement is appropriate for any offense under sections 659 or 2311 of title 18, United States Code. This amendment responds to the directive by revising the enhancement at subsection (b)(11) of §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft; Offenses Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States). The amendment expands the scope of this enhancement to cover cargo theft and adds a reference to the receipt of stolen vehicles or goods to ensure application of the enhancement is consistent with the scope of 18 U.S.C. §§ 659 and 2313. The Commission determined that the two-level increase, and the minimum offense level of 14, appropriately responds to concerns regarding the increased instances of organized cargo theft operations.

Effective Date: The effective date of this amendment is November 1, 2007.