2009 FEDERAL SENTENCING GUIDELINES MANUAL
CHAPTER 2 - 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.
Statutory Provision: 18 U.S.C. § 2285.
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).