AMENDMENT 524

Amendment: Section 2L2.1(b)(2) is amended by deleting "sets of documents" and inserting in lieu thereof "documents"; and by deleting "Sets of Documents" and inserting in lieu thereof "Documents".

Section 2L2.1(b) is amended by inserting the following additional subdivision:

"(3) If the defendant knew, believed, or had reason to believe that a passport or visa was to be used to facilitate the commission of a felony offense, other than an offense involving violation of the immigration laws, increase by 4 levels.".

The Commentary to §2L2.1 captioned "Application Notes" is amended in Note 2 by inserting "of documents" immediately before "intended"; and by deleting "documents as one set" and inserting in lieu thereof "set as one document".

The Commentary to §2L2.1 captioned "Application Notes" is amended by inserting the following additional note:

"3. Subsection (b)(3) provides an enhancement if the defendant knew, believed, or had reason to believe that a passport or visa was to be used to facilitate the commission of a felony offense, other than an offense involving violation of the immigration laws. If the defendant knew, believed, or had reason to believe that the felony offense to be committed was of an especially serious type, an upward departure may be warranted.".

Section 2L2.2 is amended by inserting the following additional subsection:

"(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.".

Reason for Amendment: This is a three-part amendment. First, this amendment provides an enhancement in §2L2.1 (Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport; False Statement in Respect to the Citizenship or Immigration Status of Another; Fraudulent Marriage to Assist Alien to Evade Immigration Law) if the defendant trafficked in a passport or visa knowing, believing, or having reason to believe that the passport or visa was to be used to facilitate the commission of a felony offense, other than an offense involving violation of the immigration laws. Second, this amendment corrects a technical error in §2L2.1(b)(2). Third, this amendment adds a cross reference to §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) that addresses the case of a defendant who uses a passport or visa in the commission or attempted commission of a felony offense, other than an offense involving violation of the immigration laws.

Effective Date: The effective date of this amendment is November 1, 1995.