2005 Federal Sentencing Guidelines
Chapter 2 - PART L - OFFENSES INVOLVING IMMIGRATION, NATURALIZATION, AND
PASSPORTS
§2L2.2. Fraudulently Acquiring
Documents Relating to Naturalization, Citizenship, or Legal Resident Status
for Own Use; False Personation or Fraudulent Marriage by Alien to Evade Immigration
Law; Fraudulently Acquiring or Improperly Using a United States Passport
(a) Base Offense Level: 8
(b) Specific Offense Characteristics
(1) If the defendant is an unlawful alien who has been deported (voluntarily
or involuntarily) on one or more occasions prior to the instant offense,
increase by 2 levels.
(2) 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.
(3) If the defendant fraudulently obtained or used a United States passport,
increase by 4 levels.
(c) Cross Reference
(1) If the defendant used a passport or visa in the commission or attempted
commission of a felony offense, other than an offense involving violation
of the immigration laws, apply --
(A) §2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to that
felony offense, if the resulting offense level is greater than that determined
above; or
(B) if death resulted, the most analogous offense guideline from Chapter
Two, Part A, Subpart 1 (Homicide), if the resulting offense level is greater
than that determined above.
Commentary
Statutory Provisions: 8 U.S.C. §§ 1160(b)(7)(A),
1185(a)(3), (5), 1325(b), (c); 18 U.S.C. §§ 911, 1015, 1028, 1423-1426,
1542-1544, 1546.
Application Notes:
1. Definition.—For
purposes of this guideline, "immigration and naturalization offense" means
any offense covered by Chapter Two, Part L.
2. Application of Subsection (b)(2).— Prior
felony conviction(s) resulting in an adjustment under subsection (b)(2) are
also counted for purposes of determining criminal history points pursuant to
Chapter Four, Part A (Criminal History).
3. Application of Subsection (b)(3).—The
term "used" is to be construed broadly and includes the attempted renewal of
previously-issued passports.
4. Multiple Counts.—For
the purposes of Chapter Three, Part D (Multiple Counts), a count of conviction
for unlawfully entering or remaining in the United States covered by §2L1.2
(Unlawfully Entering or Remaining in the United States) arising from the same
course of conduct as the count of conviction covered by this guideline shall
be considered a closely related count to the count of conviction covered by
this guideline, and therefore is to be grouped with the count of conviction
covered by this guideline.
5. Upward Departure Provision.—If
the defendant fraudulently obtained or used a United States passport for the
purpose of entering the United States to engage in terrorist activity, an upward
departure may be warranted. See Application
Note 4 of the Commentary to §3A1.4 (Terrorism).
Historical Note: Effective
November 1, 1987. Amended effective January 15, 1988 (see Appendix
C, amendment 39); November 1, 1989 (see Appendix
C, amendment 196); November 1, 1992 (see Appendix
C, amendment 450); November 1, 1993 (see Appendix
C, amendment 481); November 1, 1995 (see Appendix
C, amendment 524); May 1, 1997 (see Appendix
C, amendment 544); November 1, 1997 (see Appendix
C, amendment 563); November 1, 2004 (see Appendix
C, amendment 671).
