Criminal Law

Trafficking in Contraband Cigarettes - Offenses Involving Criminal Enterprises and Racketeering

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November 1, 2005GUIDELINES MANUAL§2E4.1

§2E3.1. Gambling Offenses

(a) Base Offense Level:

(1) 12, if the offense was (A) engaging in a gambling business; (B) transmission of wagering information; or (C) committed as part of, or to facilitate, a commercial gambling operation; or

(2) 6, otherwise.

Commentary

Statutory Provisions: 15 U.S.C. §§ 1172-1175; 18 U.S.C. §§ 1082, 1301-1304, 1306, 1511, 1953, 1955. For additional statutory provision(s), see Appendix A (Statutory Index).

Historical Note:: Effective November 1, 1987. Amended effective November 1, 1993 (see Appendix C, amendment 481).

§2E3.2. [Deleted]


Historical Note:: Section 2E3.2 (Transmission of Wagering Information), effective November 1, 1987, was deleted by consolidation with §2E3.1 effective November 1, 1993 (see Appendix C, amendment 481).

§2E3.3. [Deleted]


Historical Note:: Section 2E3.3 (Other Gambling Offenses), effective November 1, 1987, was deleted by consolidation with §2E3.1 effective November 1, 1993 (see Appendix C, amendment 481).

* * * * *

4. TRAFFICKING IN CONTRABAND CIGARETTES

§2E4.1. Unlawful Conduct Relating to Contraband Cigarettes

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

(1) 9; or

(2) the offense level from the table in §2T4.1 (Tax Table) corresponding to the amount of the tax evaded.

Commentary

Statutory Provisions: 18 U.S.C. §§ 2342(a), 2344(a).

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