AMENDMENT 481
Section 2B1.1 is amended in the title by inserting "; Receiving, Transporting, Transferring, Transmitting, or Possessing Stolen Property" at the end thereof.
Section 2B1.1(b)(2) is amended by inserting "(A)" immediately following "If"; and by inserting "or the taking of such item was an object of the offense; or (B) the stolen property received, transported, transferred, transmitted, or possessed was a firearm, destructive device, or controlled substance," immediately following "taken,".
Section 2B1.1(b)(4) is amended by inserting "(A)" immediately following "If"; and by inserting "or the taking of such item was an object of the offense; or (B) the stolen property received, transported, transferred, transmitted, or possessed was undelivered United States mail," immediately following "taken,".
Section 2B1.1(b)(5) is amended by inserting "(A)" immediately before "If"; and by inserting "; or (B) If the offense involved receiving stolen property, and the defendant was a person in the business of receiving and selling stolen property, increase by 4 levels." immediately following "levels".
The Commentary to §2B1.1 captioned "Statutory Provisions" is amended by inserting "553(a)(1)," immediately following "225,"; by inserting "662, 664," immediately before "1702"; and by deleting ", 2317" and inserting in lieu thereof "-2317; 29 U.S.C. § 501(c)".
The Commentary to §2B1.1 captioned "Application Notes" is amended in Note 2 by inserting the following additional paragraph as the next to the last paragraph:
"In stolen property offenses (receiving, transporting, transferring, transmitting, or possessing stolen property), the loss is the value of the stolen property determined as in a theft offense.".
The Commentary to §2B1.1 captioned "Application Notes" is amended by inserting the following additional note:
"14. If the offense involved theft or embezzlement from an employee pension or welfare benefit plan (a violation of 18 U.S.C. § 664) and the defendant was a fiduciary of the benefit plan, an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill) will apply. ‘Fiduciary of the benefit plan’ is defined in 29 U.S.C. § 1002(21)(A) to mean a person who exercises any discretionary authority or control in respect to the management of such plan or exercises authority or control in respect to management or disposition of its assets, or who renders investment advice for a fee or other direct or indirect compensation with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or who has any discretionary authority or responsibility in the administration of such plan.
If the offense involved theft or embezzlement from a labor union (a violation of 29 U.S.C. § 501(c)) and the defendant was a union officer or occupied a position of trust in the union as set forth in 29 U.S.C. § 501(a), an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill) will apply.".
The Commentary to §2B1.1 captioned "Background" is amended in the first paragraph by deleting "property taken" and inserting in lieu thereof "the property stolen"; by deleting "theft offenses," and inserting in lieu thereof "theft and other offenses involving stolen property"; and by deleting "loss from the theft" and inserting in lieu thereof "loss".
Section 2B1.2 is deleted in its entirety as follows:
"§2B1.2. Receiving, Transporting, Transferring, Transmitting, or Possessing Stolen Property
(a) Base Offense Level: 4
(b) Specific Offense Characteristics
(1) If the value of the stolen property exceeded $100, increase by the corresponding number of levels from the table in §2B1.1.
(2) If the property included a firearm, destructive device, or controlled substance, increase by 1 level; but if the resulting offense level is less than 7, increase to 7.
(3) If the property included undelivered United States mail and the offense level as determined above is less than level 6, increase to level 6.
(4) (A) If the offense was committed by a person in the business of receiving and selling stolen property, increase by 4 levels; or
(B) If the offense involved more than minimal planning, increase by 2 levels.
(5) If the offense involved an organized scheme to receive stolen vehicles or vehicle parts, and the offense level as determined above is less than level 14, increase to level 14.
Commentary
Statutory Provisions: 18 U.S.C. §§ 553(a)(1), 659, 662, 1708, 2312-2317. For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. ‘More than minimal planning,’ ‘firearm,’ and ‘destructive device’ are defined in the Commentary to §1B1.1 (Application Instructions).
2. Valuation of property is discussed in the Commentary to §2B1.1.
3. ‘Undelivered United States mail’ means mail that has not actually been received by the addressee or his agent (e.g., it includes mail that is in the addressee’s mail box).
4. Subsection (b)(5), referring to an ‘organized scheme to receive stolen vehicles or vehicle parts,’ provides an alternative minimum measure of loss in the case of an ongoing, sophisticated operation such as an auto theft ring or ‘chop shop.’ ‘Vehicles’ refers to all forms of vehicles, including aircraft and watercraft. See Commentary to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft).
Background: The treatment accorded receiving stolen property parallels that given theft. Persons who receive stolen property for resale receive a sentence enhancement because the amount of property is likely to underrepresent the scope of their criminality and the extent to which they encourage or facilitate other crimes.".
Section 2B2.1 is amended in the title by inserting "or a Structure Other than a Residence" at the end thereof.
Section 2B2.1(a) is amended by deleting "Base Offense Level: 17" and inserting in lieu thereof:
"Base Offense Level:
(1) 17, if a residence; or
(2) 12, if a structure other than a residence.".
The Commentary to §2B2.1 captioned "Statutory Provision" is amended by deleting "Provision: 18 U.S.C. § 1153" and inserting in lieu thereof "Provisions: 18 U.S.C. §§ 1153, 2113(a), 2115, 2117, 2118(b). For additional statutory provision(s), see Appendix A (Statutory Index)".
Section 2B2.2 is deleted in its entirety as follows:
"§2B2.2. Burglary of Other Structures
(a) Base Offense Level: 12
(b) Specific Offense Characteristics
(1) If the offense involved more than minimal planning, increase by 2 levels.
(2) If the loss exceeded $2,500, increase by the corresponding number of levels from the table in §2B2.1.
(3) If a firearm, destructive device, or controlled substance was taken, or if the taking of such item was an object of the offense, increase by 1 level.
(4) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels.
Commentary
Statutory Provisions: 18 U.S.C. §§ 2113(a), 2115, 2117, 2118(b). For additional statutory provision(s), see Appendix A (Statutory Index).
Application Notes:
1. ‘More than minimal planning,’ ‘firearm,’ ‘destructive device,’ and ‘dangerous weapon’ are defined in the Commentary to §1B1.1 (Application Instructions).
2. Valuation of loss is discussed in the Commentary to §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft).
3. Subsection (b)(4) does not apply to possession of a dangerous weapon (including a firearm) that was stolen during the course of the offense.
Background: The offense level for burglary is significantly higher than that for theft for low losses, but is approximately the same for very high losses. Weapon possession, but not use, is a specific offense characteristic because use of a weapon (including to threaten) ordinarily would make the offense robbery. Weapon use would be a ground for upward departure.".
Chapter Two, Part B, Subpart 5 is amended in the title by deleting ", FORGERY," immediately before "AND".
Section 2B5.2 is deleted in its entirety as follows:
"§2B5.2. Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States
Apply §2F1.1 (Fraud and Deceit).
Commentary
Statutory Provisions: 18 U.S.C. §§ 471-473, 500, 510, 1003, 2314, 2315. For additional statutory provision(s), see Appendix A (Statutory Index).".
Section 2B5.3 is amended in the title by inserting "or Trademark" at the end thereof.
The Commentary to §2B5.3 captioned "Statutory Provisions" is amended by deleting "2319" and inserting in lieu thereof "2318-2320".
The Commentary to §2B5.3 captioned "Background" is amended in the first paragraph by inserting "and trademark" immediately following "copyright".
Section 2B5.4 is deleted in its entirety as follows:
"§2B5.4. Criminal Infringement of Trademark
(a) Base Offense Level: 6
(b) Specific Offense Characteristic
(1) If the retail value of the infringing items exceeded $2,000, increase by the corresponding number of levels from the table in §2F1.1 (Fraud and Deceit).
Commentary
Statutory Provisions: 18 U.S.C. §§ 2318, 2320.
Background: The Commission concluded that trademark infringement is roughly comparable to copyright infringement.".
Section 2D3.2 is amended in the title by deleting "Manufacture of Controlled Substance in Excess of or Unauthorized by Registration Quota; Attempt or Conspiracy" and inserting in lieu thereof "Regulatory Offenses Involving Controlled Substances; Attempt or Conspiracy".
The Commentary to §2D3.2 captioned "Statutory Provisions" is amended by deleting "842(b), 843(a)(3)" and inserting in lieu thereof "842(a)(2), (9), (10), (b), 954, 961".
The Commentary to §2D3.2 captioned "Background" is amended by deleting "This offense is a misdemeanor" and inserting in lieu thereof "These offenses are misdemeanors".
Sections 2D3.3, 2D3.4, and 2D3.5 are deleted in their entirety as follows:
"§2D3.3. Illegal Use of Registration Number to Distribute or Dispense a Controlled Substance to Another Registrant or Authorized Person; Attempt or Conspiracy
(a) Base Offense Level: 4
Commentary
Statutory Provision: 21 U.S.C. § 842(a)(2).
Background: This offense is a misdemeanor. The maximum term of imprisonment authorized by statute is one year.
§2D3.4. Illegal Transfer or Transshipment of a Controlled Substance; Attempt or Conspiracy
(a) Base Offense Level: 4
Commentary
Statutory Provisions: 21 U.S.C. §§ 954, 961.
Background: This offense is a misdemeanor. The maximum term of imprisonment authorized by statute is one year.
§2D3.5. Violation of Recordkeeping or Reporting Requirements for Listed Chemicals and Certain Machines; Attempt or Conspiracy
(a) Base Offense Level: 4
Commentary
Statutory Provisions: 21 U.S.C. § 842(a)(9), (10).".
Section 2E1.5 is deleted in its entirety as follows:
"§2E1.5. Hobbs Act Extortion or Robbery
Apply §2B3.1 (Robbery), §2B3.2 (Extortion by Force or Threat of Injury or Serious Damage), §2B3.3 (Blackmail and Similar Forms of Extortion), or §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right), as applicable.
Commentary
Statutory Provision: 18 U.S.C. § 1951.".
Section 2E3.1 is amended in the title by deleting "Engaging in a Gambling Business" and inserting in lieu thereof "Gambling Offenses".
Section 2E3.1(a) is amended by deleting "12" and inserting in lieu thereof:
"(1) 12, if the offense was (A) engaging in a gambling business; (B) transmission of wagering information; or (C) committed as part of, or to facilitate, a commercial gambling operation; or
(2) 6, otherwise.".
The Commentary to §2E3.1 captioned "Statutory Provision" is amended by deleting "Provision: 18 U.S.C. § 1955" and inserting in lieu thereof "Provisions: 15 U.S.C. §§ 1172-1175; 18 U.S.C. §§ 1082, 1301-1304, 1306, 1511, 1953, 1955. For additional statutory provision(s), see Appendix A (Statutory Index)".
Sections 2E3.2 and 2E3.3 are deleted in their entirety as follows:
"§2E3.2. Transmission of Wagering Information
(a) Base Offense Level: 12
Commentary
Statutory Provision: 18 U.S.C. § 1084.
§2E3.3. Other Gambling Offenses
(a) Base Offense Level: 6
(b) Specific Offense Characteristic
(1) If the offense is committed as part of, or to facilitate, a commercial gambling operation, increase by 6 levels.
Commentary
Statutory Provisions: 15 U.S.C. §§ 1172-1175; 18 U.S.C. §§ 1082, 1301-1304, 1306, 1511, 1953. For additional statutory provision(s), see Appendix A (Statutory Index).
Background: This section includes a wide variety of conduct. A specific offense characteristic has been included to distinguish commercial from other gambling offenses.".
Section 2E5.1 is amended in the title by inserting "; Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations" at the end thereof.
Section 2E5.1(b)(1) is amended by inserting "or labor organization" immediately following "plan".
The Commentary to §2E5.1 captioned "Statutory Provision" is amended by deleting "Provision: 18 U.S.C. § 1954" and inserting in lieu thereof "Provisions: 18 U.S.C. § 1954; 29 U.S.C. § 186".
The Commentary to §2E5.1 captioned "Background" is amended by inserting ", or labor organizations" immediately following "plans"; and by deleting the last sentence as follows:
"A more severe penalty is warranted in a bribery where the payment is the primary motivation for an action to be taken, as opposed to graft, where the prohibited payment is given because of a person’s actions, duties, or decisions without a prior understanding that the recipient’s performance will be directly influenced by the gift.".
Section 2E5.2 is deleted in its entirety as follows:
"§2E5.2. Theft or Embezzlement from Employee Pension and Welfare Benefit Plans
Apply §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft).
Commentary
Statutory Provision: 18 U.S.C. § 664.
Application Note:
1. In the case of a defendant who was a fiduciary of the benefit plan, an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill) will apply. ‘Fiduciary of the benefit plan’ is defined in 29 U.S.C. § 1002(21)(A) to mean a person who exercises any discretionary authority or control in respect to the management of such plan or exercises authority or control in respect to management or disposition of its assets, or who renders investment advice for a fee or other direct or indirect compensation with respect to any monsuch plan.
Background: This section covers theft or conversion from employee benefit plans by fiduciaries, or by any person, including borrowers to whom loans are disbursed based upon materially defective loan applications, service providers who are paid on inflated billings, and beneficiaries paid as the result of fraudulent claims.".
Section 2E5.3 is amended in the title by inserting "; Failure to Maintain and Falsification of Records Required by the Labor Management Reporting and Disclosure Act" at the end thereof.
Section 2E5.3(a)(2) is amended by deleting "relating to the operation of an employee benefit plan, apply §2E5.2" and inserting in lieu thereof ", apply §2B1.1".
The Commentary to §2E5.3 captioned "Statutory Provision" is amended by deleting "Provision: 18 U.S.C. § 1027" and inserting in lieu thereof "Provisions: 18 U.S.C. § 1027; 29 U.S.C. §§ 439, 461, 1131. For additional statutory provision(s), see Appendix A (Statutory Index)".
The Commentary to §2E5.3 captioned "Background" is amended by inserting the following additional sentence as the second sentence:
"It also covers failure to maintain proper documents required by the LMRDA or falsification of such documents.".
Sections 2E5.4, 2E5.5, and 2E5.6 are deleted in their entirety as follows:
"§2E5.4. Embezzlement or Theft from Labor Unions in the Private Sector
Apply §2B1.1 (Larceny, Embezzlement, and Other Forms of Theft).
Commentary
Statutory Provision: 29 U.S.C. § 501(c).
Application Note:
1. In the case of a defendant who was a union officer or occupied a position of trust in the union, as set forth in 29 U.S.C. § 501(a), an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill) would apply.
Background: This section includes embezzlement or theft from a labor organization. It is directed at union officers and persons employed by a union.
§2E5.5. Failure to Maintain and Falsification of Records Required by the Labor Management Reporting and Disclosure Act
(a) Base Offense Level (Apply the greater):
(1) 6; or
(2) If the offense was committed to facilitate or conceal a theft or embezzlement, or an offense involving a bribe or gratuity, apply §2E5.4 or §2E5.6, as applicable.
Commentary
Statutory Provisions: 29 U.S.C. §§ 439, 461. For additional statutory provision(s), see Appendix A (Statutory Index).
Background: This section covers failure to maintain proper documents required by the LMRDA or falsification of such documents. This offense is a misdemeanor.
§2E5.6. Prohibited Payments or Lending of Money by Employer or Agent to Employees, Representatives, or Labor Organizations
(a) Base Offense Level:
(1) 10, if a bribe; or
(2) 6, if a gratuity.
(b) Specific Offense Characteristic
(1) Increase by the number of levels from the table in §2F1.1 (Fraud and Deceit) corresponding to the value of the prohibited payment or the value of the improper benefit to the payer, whichever is greater.
(c) Special Instruction for Fines - Organizations
(1) In lieu of the pecuniary loss under subsection (a)(3) of §8C2.4 (Base Fine), use the greatest of: (A) the value of the unlawful payment; (B) if a bribe, the value of the benefit received or to be received in return for the unlawful payment; or (C) if a bribe, the consequential damages resulting from the unlawful payment.
Commentary
Statutory Provision: 29 U.S.C. § 186.
Application Notes:
1. ‘Bribe’ refers to the offer or acceptance of an unlawful payment with the specific understanding that it will corruptly affect an official action of the recipient.
2. ‘Gratuity’ refers to the offer or acceptance of an unlawful payment other than a bribe.
3. ‘Value of the improper benefit to the payer’ is explained in the Commentary to §2C1.1 (Offering, Giving, Soliciting, or Receiving a Bribe; Extortion Under Color of Official Right).".
Section 2F1.1 is amended in the title by inserting "; Forgery; Offenses Involving Altered or Counterfeit Instruments Other than Counterfeit Bearer Obligations of the United States" at the end thereof.
The Commentary to §2F1.1 captioned "Statutory Provisions" is amended by inserting "471-473, 500, 510," immediately following "289,"; and by inserting ", 2314, 2315" immediately following "1344".
Section 2J1.3 is amended in the title by inserting "; Bribery of Witness" at the end thereof.
Section 2J1.3(b)(2) is amended by deleting "perjury or subornation of perjury" and inserting in lieu thereof "perjury, subornation of perjury, or witness bribery".
Section 2J1.3(c)(1) is amended by deleting "perjury or subornation of perjury" and inserting in lieu thereof "perjury, subornation of perjury, or witness bribery".
The Commentary to §2J1.3 captioned "Statutory Provisions" is amended by inserting "201 (b)(3), (4)," immediately before "1621".
The Commentary to §2J1.3 captioned "Application Notes" is amended in Note 3 by inserting ", subornation of perjury, or witness bribery" immediately following "perjury".
The Commentary to §2J1.3 captioned "Background" is amended by deleting "perjury and subornation of perjury" and inserting in lieu thereof "perjury, subornation of perjury, and witness bribery".
Section 2J1.8 is deleted in its entirety as follows:
"§2J1.8. Bribery of Witness
(a) Base Offense Level: 12
(b) Specific Offense Characteristic
(1) If the offense resulted in substantial interference with the administration of justice, increase by 3 levels.
(c) Cross Reference
(1) If the offense involved bribery of a witness in respect to a criminal offense, apply §2X3.1 (Accessory After the Fact) in respect to that criminal offense, if the resulting offense level is greater than that determined above.
Commentary
Statutory Provisions: 18 U.S.C. § 201(b)(3), (4).
Application Notes:
1. ‘Substantial interference with the administration of justice’ includes a premature or improper termination of a felony investigation; an indictment, verdict, or any judicial determination based upon perjury, false testimony, or other false evidence; or the unnecessary expenditure of substantial governmental or court resources.
2. For offenses covered under this section, Chapter Three, Part C (Obstruction) does not apply, unless the defendant obstructed the investigation or trial of the witness bribery count.
3. In the event that the defendant is convicted under this section as well as for the underlying offense (i.e., the offense with respect to which the bribery occurred), see the Commentary to Chapter Three, Part C (Obstruction), and to §3D1.2(c) (Groups of Closely Related Counts).
Background: This section applies to witness bribery. The offense levels correspond to those for perjury (§2J1.3).".
Section 2K1.1 is amended in the title by inserting "; Improper Storage of Explosive Materials" at the end thereof.
The Commentary to §2K1.1 captioned "Statutory Provisions" is amended by deleting "842(k), 844(b)" and inserting in lieu thereof "842(j), (k), 844(b). For additional statutory provision(s), see Appendix A (Statutory Index)".
Section 2K1.2 is deleted in its entirety as follows:
"§2K1.2. Improper Storage of Explosive Materials
(a) Base Offense Level: 6
Commentary
Statutory Provision: 18 U.S.C. § 842(j). For additional statutory provision(s), see Appendix A (Statutory Index).
Background: The above-referenced provision is a misdemeanor. The maximum term of imprisonment authorized by statute is one year.".
Section 2K1.7 is deleted in its entirety as follows:
"§2K1.7. Use of Fire or Explosives to Commit a Federal Felony
(a) If the defendant, whether or not convicted of another crime, was convicted under 18 U.S.C. § 844(h), the term of imprisonment is that required by statute.
(b) Special Instruction for Fines
(1) Where there is a federal conviction for the underlying offense, the fine guideline shall be the fine guideline that would have been applicable had there only been a conviction for the underlying offense. This guideline shall be used as a consolidated fine guideline for both the underlying offense and the conviction underlying this section.
Commentary
Statutory Provision: 18 U.S.C. § 844(h).
Application Notes:
1. The statute requires a term of imprisonment imposed under this section to run consecutively to any other term of imprisonment.
2. Imposition of a term of supervised release is governed by the provisions of §5D1.1 (Imposition of a Term of Supervised Release).
3. Where a sentence under this section is imposed in conjunction with a sentence for an underlying offense, any specific offense characteristic for the use of fire or explosives is not to be applied in respect to the guideline for the underlying offense.
4. Subsection (b) sets forth special provisions concerning the imposition of fines. Where there is also a conviction for the underlying offense, a consolidated fine guideline is determined by the offense level that would have applied to the underlying offense absent a conviction under 18 U.S.C. § 844(h). This is required because the offense level for the underlying offense may be reduced in that any specific offense characteristic for use of fire or explosives would not be applied (see Application Note 3). The Commission has not established a fine guideline range for the unusual case in which there is no conviction for the underlying offense, although a fine is authorized under 18 U.S.C. § 3571.".
Section 2K2.4 is amended in the title by deleting "Firearms or Armor-Piercing Ammunition" and inserting in lieu thereof "Firearm, Armor-Piercing Ammunition, or Explosive".
Section 2K2.4(a) is amended by deleting "§ 924(c)" and inserting in lieu thereof "§ 844(h), § 924(c),".
The Commentary to §2K2.4 captioned "Statutory Provisions" is amended by inserting "844(h)," immediately before "924(c)".
The Commentary to §2K2.4 captioned "Application Notes" is amended in Note 2 in the first paragraph by deleting "a firearm" and inserting in lieu thereof "an explosive or firearm"; and by deleting the comma immediately following "(Robbery))".
The Commentary to §2K2.4 captioned "Application Notes" is amended in Note 4 by deleting "§ 924(c)" wherever it occurs and inserting in lieu thereof in each instance "§ 844(h), § 924(c),".
The Commentary to §2K2.4 captioned "Background" is amended by deleting "924(c)" and inserting in lieu thereof "844(h), 924(c),"; and by inserting "explosive or" immediately before "firearm".
Chapter Two, Part K, Subpart 3 is amended in the title by deleting "TRANSPORTATION OF HAZARDOUS MATERIALS" and inserting in lieu thereof "MAILING INJURIOUS ARTICLES".
Section 2K3.1 is deleted in its entirety as follows:
"§2K3.1. Unlawfully Transporting Hazardous Materials in Commerce
Apply the guideline provision for §2Q1.2 (Mishandling of Hazardous or Toxic Substances or Pesticides; Recordkeeping, Tampering, and Falsification).
Commentary
Statutory Provision: 49 U.S.C. § 1809(b). For additional statutory provision(s), see Appendix A (Statutory Index).
Background: This conduct involves the same risks as the conduct covered under §2Q1.2 (Mishandling of Hazardous or Toxic Substances or Pesticides; Recordkeeping, Tampering, and Falsification). Accordingly, that guideline applies.".
Section 2L2.1 is amended in the title by deleting "Documents" and inserting in lieu thereof "a Document"; and by inserting ", or a United States Passport" immediately following "Status".
Section 2L2.1(b)(2) is amended by inserting "or passports" immediately following "documents"; and by inserting "/Passports" immediately following "Documents".
The Commentary to §2L2.1 captioned "Statutory Provisions" is amended by inserting "1542, 1544," immediately following "1427,".
The Commentary to §2L2.1 captioned "Application Notes" is amended in Note 2 by deleting "set as one document" and inserting in lieu thereof "documents as one set".
Section 2L2.2 is amended in the title by inserting "; Fraudulently Acquiring or Improperly Using a United States Passport" at the end thereof.
The Commentary to §2L2.2 captioned "Statutory Provisions" is amended by inserting "1542-1544," immediately before "1546.".
Sections 2L2.3 and 2L2.4 are deleted in their entirety as follows:
"§2L2.3. Trafficking in a United States Passport
(a) Base Offense Level: 9
(b) Specific Offense Characteristics
(1) If the defendant committed the offense other than for profit, decrease by 3 levels.
(2) If the offense involved six or more passports, increase as follows:
| Number of Passports | Increase in Level |
| (A) 6-24 | add 2 |
| (B) 25-99 | add 4 |
| (C) 100 or more | add 6. |
Commentary
Statutory Provisions: 18 U.S.C. §§ 1542, 1544. For additional statutory provision(s), see Appendix A (Statutory Index).
Application Note:
1. ‘For profit’ means for financial gain or commercial advantage.
§2L2.4. Fraudulently Acquiring or Improperly Using a United States Passport
(a) Base Offense Level: 6
(b) Specific Offense Characteristic
(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.
Commentary
Statutory Provisions: 18 U.S.C. §§ 1543, 1544. For additional statutory provision(s), see Appendix A (Statutory Index).
Application Note:
1. For the purposes of Chapter Three, Part D (Multiple Counts), a conviction for unlawfully entering or remaining in the United States (§2L1.2) arising from the same course of conduct is treated as a closely related count, and is therefore grouped with an offense covered by this guideline.".
Section 2M2.1 is amended in the title by inserting ", or Production of Defective," immediately following "Destruction of".
The Commentary to §2M2.1 captioned "Statutory Provisions" is amended by inserting ", 2154" immediately following "2153".
Section 2M2.2 is deleted in its entirety as follows:
"§2M2.2. Production of Defective War Material, Premises, or Utilities
(a) Base Offense Level: 32
Commentary
Statutory Provision: 18 U.S.C. § 2154.".
Section 2M2.3 is amended in the title by inserting ", or Production of Defective," immediately following "Destruction of".
The Commentary to §2M2.3 captioned "Statutory Provisions" is amended by inserting ", 2156" immediately following "2155".
Section 2M2.4 is deleted in its entirety as follows:
"§2M2.4. Production of Defective National Defense Material, Premises, or Utilities
(a) Base Offense Level: 26
Commentary
Statutory Provision: 18 U.S.C. § 2156.".
Section 2M3.3 is amended in the title by inserting "; Disclosure of Classified Cryptographic Information; Unauthorized Disclosure to a Foreign Government or a Communist Organization of Classified Information by Government Employee; Unauthorized Receipt of Classified Information" at the end thereof.
Section 2M3.3(a)(1) is amended by deleting "was transmitted" immediately following "information".
The Commentary to §2M3.3 captioned "Statutory Provisions" is amended by deleting ". For additional statutory provision(s), see Appendix A (Statutory Index)" and inserting in lieu thereof ", 798; 50 U.S.C. § 783(b), (c)".
The Commentary to §2M3.3 captioned "Background" is amended by inserting the following additional paragraph at the end:
" This section also covers statutes that proscribe the disclosure of classified information concerning cryptographic or communication intelligence to the detriment of the United States or for the benefit of a foreign government, the unauthorized disclosure to a foreign government or a communist organization of classified information by a government employee, and the unauthorized receipt of classified information.".
Sections 2M3.6, 2M3.7, and 2M3.8 are deleted in their entirety as follows:
"§2M3.6. Disclosure of Classified Cryptographic Information
(a) Base Offense Level:
(1) 29, if top secret information was disclosed; or
(2) 24, otherwise.
Commentary
Statutory Provision: 18 U.S.C. § 798.
Application Note:
1. See Commentary to §2M3.1.
Background: The statute covered in this section proscribes the disclosure of classified information concerning cryptographic or communication intelligence to the detriment of the United States or for the benefit of a foreign government.
§2M3.7. Unauthorized Disclosure to Foreign Government or a Communist Organization of Classified Information by Government Employee
(a) Base Offense Level:
(1) 29, if top secret information was disclosed; or
(2) 24, otherwise.
Commentary
Statutory Provision: 50 U.S.C. § 783(b).
Application Note:
1. See Commentary to §2M3.1.
§2M3.8. Receipt of Classified Information
(a) Base Offense Level:
(1) 29, if top secret information was received; or
(2) 24, otherwise.
Commentary
Statutory Provision: 50 U.S.C. § 783(c).
Application Note:
1. See Commentary to §2M3.1.".
Section 2Q1.2 is amended in the title by inserting "; Unlawfully Transporting Hazardous Materials in Commerce" at the end thereof.
The Commentary to §2Q1.2 captioned "Statutory Provisions" is amended by inserting "; 49 U.S.C. § 1809(b)" immediately following "1822(b)".
Reason for Amendment: This amendment deletes 25 offense guidelines by consolidating them with other offense guidelines that cover similar offense conduct and have identical or very similar base offense levels and adjustments. Consolidation of offense guidelines in this manner has a number of practical advantages: it shortens and simplifies the Guidelines Manual and reduces the likelihood of inconsistency in phraseology and definitions from section to section; it will reduce possible confusion and litigation as to which guideline applies to particular conduct; it will reduce the number of conforming amendments required whenever similar sections are amended; and it will aid the development of case law because cases involving similar or identical concepts and definitions can be referenced under one guideline rather than different guidelines.
Effective Date: The effective date of this amendment is November 1, 1993.