U.S.S.G. §2N1.1

(a) Base Offense Level: 25

(b) Specific Offense Characteristic

(1) (A) If any victim sustained permanent or life-threatening bodily injury, increase by 4 levels; (B) if any victim sustained serious bodily

injury, increase by 2 levels; or (C) if the degree of injury is between

that specified in subdivisions (A) and (B), increase by 3 levels.

(c) Cross References

(1) If the offense resulted in death, apply §2A1.1 (First Degree Murder) if

the death was caused intentionally or knowingly, or §2A1.2 (Second

Degree Murder) in any other case.

(2) If the offense was tantamount to attempted murder, apply §2A2.1 (Assault with Intent to Commit Murder; Attempted Murder) if the resulting offense level is greater than that determined above.

(3) If the offense involved extortion, apply §2B3.2 (Extortion by Force or

Threat of Injury or Serious Damage) if the resulting offense level is

greater than that determined above.

(d) Special Instruction

(1) If the defendant is convicted of a single count involving (A) the death

or permanent, life-threatening, or serious bodily injury of more than

one victim, or (B) conduct tantamount to the attempted murder of

more than one victim, Chapter Three, Part D (Multiple Counts) shall

be applied as if the defendant had been convicted of a separate count

for each such victim.

Commentary

Statutory Provisions: 18 U.S.C. § 1365(a), (e); 21 U.S.C. § 333(b)(7). For additional statutory provision(s), see Appendix A (Statutory Index).

Application Note:

1. The special instruction in subsection (d)(1) applies whether the offense level is determined under

subsection (b)(1) or by use of a cross reference in subsection (c).