(a) Base Offense Level: (Apply the greatest)
(1) 16, if the offense involved an animal fighting venture, except as provided in paragraph (3) below;
(2) 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;
(3) 10, if the defendant was convicted under 7 U.S.C. § 2156(a)(2)(B); or
(4) 6, otherwise.
Statutory Provisions: 7 U.S.C. § 2156 (felony provisions only); 15 U.S.C. §§ 1172–1175; 18 U.S.C. §§ 1082, 1301–1304, 1306, 1511, 1953, 1955; 31 U.S.C. § 5363. For additional statutory provision(s), see Appendix A (Statutory Index).
Application Note:
1. Definition.—For purposes of this guideline, “animal fighting venture” has the meaning given that term in 7 U.S.C. § 2156(f).