Sentencing for Other Crimes

PRIVACY and EAVESDROPPING

  1. These are offenses related to communications. The interception or eavesdropping on information that one has a privacy interest.

SLAVE TRADE

It has increased in the past decade with individuals from South America, the Caribbean, Western Europe and the Far East. Involuntary servitude is used to describe the modern slave. Usually woman used as prostitutes in exchange for coming to the United States. The base offense level is 22.

FIREARMS OFFENSES

  1. The unlawful possession or transportation of firearms or ammunition starts with a base offense level of 26. The offense level increases based on the number of guns involved.

  2. Use of a firearm or armor piercing ammunition during the commission of certain crimes. This is an automatic increase based on the underlying offense.

  3. Owning body armor if you are a violent felon is an automatic level 10.

IMMIGRATION

  1. This section of the guidelines centers around the unlawful alien. One who smuggles, transports or harbors an unlawful (illegal) alien starts with a base offense level of 25 (57+ months).

  2. The illegal entry into the United States and or remaining illegally. Base offense level of 8. This means that the person harboring the illegal alien gets prison time and the illegal gets possible probation.

NATURALIZATION and PASSPORTS CRIMES

  1. This guideline covers fraudulent marriages to assist an illegal alien in avoiding the immigration laws. It also includes fake passports or documents related to citizenship and immigrations status. The base offense level is 11. Possible probation.

TREASON

You are in deep trouble because the base offense level is 43, i.e., LIFE IN PRISON.

SABOTAGE

This is the destruction of war material or destruction of premises, utititlites. Base offense level of 32.

ESPIONAGE

This is the gathering or transmitting of national defense information to aid a foreign government. The base offense level of 42. The simple gather of national defense information is also covered and carries a base offense level of 35. This means that even if one does not intend to sell the information, the gathering is punishable.

PROHIBITED EXPORTS AND FINANCIAL TRANSACTIONS THAT PROVIDE SUPPORT FOR DESIGNATED FOREIGN TERRORIST ORGANIZATIONS- this includes providing any type of support for foreign terrorists. Exportation of weapons, munitions or military equipment.

NUCLEAR, BIOLAGICAL, AND CHEMICAL WEAPONS RELATED TO MASS DESTRUCTION

  1. This is the unlawful production, development, stockpiling, transfer, use or acquisition of nuclear materials, chemical weapons including delivery systems. The base offense level is 42.

FDA Offenses

  1. This is the tampering with consumer products. The classic example was the Tylenol incident in the 80's where several people were killed. The base offense level of 25.

  2. Odometer manipulation; the deceptive aspect is taken into consideration considering there is only 1 car involved. Base offense level of 6.

Environmental Offenses

  1. Mishandling of hazardous or toxic substance, pesticides or pollutants has a base offense level of 24.

ANTITRUST OFFENSES

  1. These offenses include bid-rigging, price-fixing or market agreements between competitors ( a monopoly type situation). The base offense level is 12.

MONEY LAUNDERING AND MONETARY TRANSACTION REPORTING

  1. Money laundering or laundering of monetary instruments is classically affiliated with drug offenses. However, money laundering occurs in many other areas including mortgage fraud, bank fraud or any time of transaction involving the acquisition of money from illegal conduct.

CONSPIRACIES, ATTEMPTS AND OR SOLICITATIONS

  1. Conspiracies are almost always charged in a federal indictment. The conspiracy is the catch all count that enables the government to charge each defendant with the acts of all the other defendants.

  2. An attempt is treated as a completed act in the federal system. You may argue for a downward departure, but there is no guarantee that the judge will rule in your favor.

MISPRISON OF A FELONY

  1. This is a very unique violation. It covers a large spectrum of possible offenses and must be evaluated on a case by case basis.