U.S.S.G. §2E1.1

(a) Base Offense Level (Apply the greater):

(1) 19; or

(2) the offense level applicable to the underlying racketeering activity.

Commentary

Statutory Provisions: 18 U.S.C. §§ 1962, 1963.

Application Notes:

1. Where there is more than one underlying offense, treat each underlying offense as if contained

in a separate count of conviction for the purposes of subsection (a)(2). To determine whether

subsection (a)(1) or (a)(2) results in the greater offense level, apply Chapter Three, Parts A, B, C,

and D to both (a)(1) and (a)(2). Use whichever subsection results in the greater offense level.

2. If the underlying conduct violates state law, the offense level corresponding to the most analogous federal offense is to be used.

3. If the offense level for the underlying racketeering activity is less than the alternative minimum

level specified (i.e., 19), the alternative minimum base offense level is to be used.

4. Certain conduct may be charged in the count of conviction as part of a “pattern of racketeering

activity” even though the defendant has previously been sentenced for that conduct. Where such

previously imposed sentence resulted from a conviction prior to the last overt act of the instant

offense, treat as a prior sentence under §4A1.2(a)(1) and not as part of the instant offense. This

treatment is designed to produce a result consistent with the distinction between the instant

offense and criminal history found throughout the guidelines.