Border Tunnels and Subterranean Passages

(a) Base Offense Level: (1) If the defendant was convicted under 18 U.S.C. § 555(c), 4 plus the offense level applicable to the underlying smuggling offense. If the re- sulting offense level is less than level 16, increase to level 16. (2) 16, if the defendant was convicted under 18 U.S.C. § 555(a); or (3) 8, if the defendant was convicted under 18 U.S.C. § 555(b). Commentary Statutory Provision: 18 U.S.C. § 555. Application Note: 1. Definition.—For purposes of this guideline, “underlying smuggling offense” means the smuggling offense the defendant committed through the use of the tunnel or subterranean pas- sage. Historical Note Effective November 1, 2007 (amendment 700). Amended effective November 1, 2008 (amendment 724).