If (A) the offense was committed other than for profit, or the offense involved the smuggling, transporting, or harboring only of the defendant's spouse or child (or both the defendant's spouse and child), and (B) the base offense level is determined under subsection (a)(3)

-3 levels

If the offense involved the smuggling, transporting, or harboring of six or more unlawful aliens, increase as follows:

Option A: 6–24 +3 levels

Option B: 25–99 +6 levels

Option C: 100 or more +9 levels

If the defendant committed any part of the instant offense after sustaining

Option A: a conviction for a felony immigration and naturalization offense +2 levels

Option B: two (or more) convictions for felony immigration and naturalization offenses, each such conviction arising out of a separate prosecution +4 levels

If the offense involved the smuggling, transporting, or harboring of a minor who was unaccompanied by the minor's parent, adult relative, or legal guardian

+4 levels

(Apply the Greatest):(Apply Greatest)

Option A: If a firearm was discharged +6 levels

Option B: If a dangerous weapon (including a firearm) was brandished or otherwise used +4 levels

Option C: If a dangerous weapon (including a firearm) was possessed +2 levels

If the offense involved intentionally or recklessly creating a substantial risk of death or serious bodily injury to another person

+2 levels (min level 18)

If any person died or sustained bodily injury, increase the offense level according to the seriousness of the injury:

Option A: Bodily Injury +2 levels

Option B: Serious Bodily Injury +4 levels

Option C: Permanent or Life-Threatening Bodily Injury +6 levels

Option D: Death +10 levels

(Apply the greater):(Apply Greatest)

Option A: If an alien was involuntarily detained through coercion or threat, or in connection with a demand for payment, (i) after the alien was smuggled into the United States; or (ii) while the alien was transported or harbored in the United States +2 levels

Option B: If (i) the defendant was convicted of alien harboring, (ii) the alien harboring was for the purpose of prostitution, and (iii) the defendant receives an adjustment under §3B1.1 (Aggravating Role) +2 levels

If the defendant was convicted under 8 U.S.C. § 1324(a)(4)

+2 levels

Chapter 2 Adjustments

Selected Guideline: 2L1.1 - Smuggling, Transporting, or Harboring an Unlawful Alien

Statutory Provisions:

Special Offense Characteristics:

Cross References:

Chapter 2 Offense Level Calculation: