Chapter 2 Adjustments

Set base offense level and special offense characteristics (SOCs).

Total Offense Level:8

Selected Guideline: 2L2.2 - Fraudulently Acquiring Documents Relating to Naturalization, Citizenship, or Legal Resident Status for Own Use; False Personation or Fraudulent Marriage by Alien to Evade Immigration Law; Fraudulently Acquiring or Improperly Using a United States Passport

Total Offense Level:8

Statutory Provisions:

8 U.S.C. §§ 1160(b)(7)(A), 1185(a)(3), (5), 1325(c), (d)
18 U.S.C. §§ 911, 1015, 1028, 1423–1426, 1542–1544, 1546

Special Offense Characteristics:

Check the characteristics that apply to calculate the total offense level.

If the defendant is an unlawful alien who has been deported (voluntarily or involuntarily) on one or more occasions prior to the instant offense

+2 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 defendant fraudulently obtained or used

Option A: a United States passport +4 levels

Option B: a foreign passport +2 levels

(Apply the Greater):(Apply Greatest)

Option A: If the defendant committed any part of the instant offense to conceal the defendant's membership in, or authority over, a military, paramilitary, or police organization that was involved in a serious human rights offense during the period in which the defendant was such a member or had such authority +2 levels

Option B: If the defendant committed any part of the instant offense to conceal the defendant's participation in undefined levels

Cross References:

If If the defendant used a passport or visa in the commission or attempted commission of a felony offense, other than an offense involving violation of the immigration laws, apply:

Apply

Chapter 2 Offense Level Calculation:

Base Offense Level:0

Current Total:8

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