Gambling Offenses; Animal Fighting Offenses

(a) Base Offense Level: (Apply the greatest) (1) 16, if the offense involved an animal fighting venture, except as pro- vided in paragraph (3) below; Guidelines Manual (November 1, 2024) ║ 203 §2E3.3 (2) 12, if the offense was (A) engaging in a gambling business; (B) trans- mission 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. Commentary 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 Notes: 1. Definition.—For purposes of this guideline, “animal fighting venture” has the meaning given that term in 7 U.S.C. § 2156(f). 2. Upward Departure Provision.—The base offense levels provided for animal fighting ventures in subsection (a)(1) and (a)(3) reflect that an animal fighting venture involves one or more violent fights between animals and that a defeated animal often is severely injured in the fight, dies as a result of the fight, or is killed afterward. Nonetheless, there may be cases in which the offense level determined under this guideline substantially understates the seriousness of the offense. In such a case, an upward departure may be warranted. For example, an upward departure may be warranted if (A) the offense involved extraordinary cruelty to an animal beyond the violence inherent in such a venture (such as by killing an animal in a way that prolongs the suffering of the animal); or (B) the offense involved animal fighting on an exceptional scale (such as an of- fense involving an unusually large number of animals). Historical Note Effective November 1, 1987. Amended effective November 1, 1993 (amendment 481); November 1, 2007 (amendment 703); November 1, 2008 (amendment 721); November 1, 2016 (amendment 800); November 1, 2024 (amendment 831). §2E3.2. [Deleted] Historical Note Section 2E3.2 (Transmission of Wagering Information), effective November 1, 1987, was deleted by consoli- dation with §2E3.1 effective November 1, 1993 (amendment 481). §2E3.3. [Deleted] Historical Note Section 2E3.3 (Other Gambling Offenses), effective November 1, 1987, was deleted by consolidation with §2E3.1 effective November 1, 1993 (amendment 481). * * * * * 204 ║ Guidelines Manual (November 1, 2024) 4. TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO Historical Note Effective November 1, 1987. Amended effective November 1, 2007 (amendment 700). §2E4.1