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 Guidelines Manual (November 1, 2024) ║ 351 §2X7.2 (C) the sinking of the vessel, increase by 8 levels. Commentary Statutory Provision: 18 U.S.C. § 2285. Application Note: 1. Upward Departure Provisions.—An upward departure may be warranted in any of the fol- lowing 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 enter- prise. Background: This guideline implements the directive to the Commission in section 103 of Public Law 110–407. Historical Note Effective November 1, 2009 (amendment 728). PART Y ― [NOT USED] PART Z ― [NOT USED] 352 ║ Guidelines Manual (November 1, 2024) CHAPTER THREE §3A1.1 ADJUSTMENTS PART A ― VICTIM-RELATED ADJUSTMENTS Introductory Commentary The following adjustments are included in this part because they may apply to a wide variety of offenses. Historical Note Effective November 1, 1987. Amended effective November 1, 1990 (amendment 344); November 1, 2023 (amendment 824).