(a) Base Offense Level:
4(b) Specific Offense Characteristics
(1) (Apply the greater) If—
(A) the trespass occurred (i) at a secure government facility; (ii) at a nuclear energy facility; (iii) on a vessel or aircraft of the United States; (iv) in a secure area of an airport or a seaport; (v) at a residence; (vi) at Arlington National Cemetery or a cemetery under the control of the National Cemetery Administration; (vii) at any restricted building or grounds; or (viii) on a computer system used (I) to maintain or operate a critical infrastructure; or (II) by or for a government entity in furtherance of the administration of justice, national defense, or national security, increase by 2 levels; or
(B) the trespass occurred at the White House or its grounds, or the Vice President's official residence or its grounds, increase by 4 levels.
(2) If a dangerous weapon (including a firearm) was possessed, increase by
2 levels.
(3) If (A) the offense involved invasion of a protected computer; and (B) the loss resulting from the invasion (i) exceeded $2,500 but did not exceed $6,500, increase by 1 level; or (ii) exceeded $6,500, increase by the number of levels from the table in §2B1.1 (Theft, Property Destruction, and Fraud) corresponding to that amount.
(1) If the offense was committed with the intent to commit a felony offense, apply §2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to that felony offense, if the resulting offense level is greater than that determined above.
Commentary
Statutory Provisions:
18 U.S.C. §§ 1030(a)(3), 1036, 2199;
38 U.S.C. § 2413;
42 U.S.C. § 7270b. For additional statutory provision(s),
see Appendix A (Statutory Index).
Application Notes:
1.
Definitions.—For purposes of this guideline:
"Airport" has the meaning given that term in section 47102 of title 49, United States Code.
"Critical infrastructure" means systems and assets vital to national defense, national security, economic security, public health or safety, or any combination of those matters. A critical infrastructure may be publicly or privately owned. Examples of critical infrastructures include gas and oil production, storage, and delivery systems, water supply systems, telecommunications networks, electrical power delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), transportation systems and services (including highways, mass transit, airlines, and airports), and government operations that provide essential services to the public.
"Felony offense" means any offense (federal, state, or local) punishable by imprisonment for a term exceeding one year, whether or not a criminal charge was brought or a conviction was obtained.
"Firearm" and "dangerous weapon" are defined in the Commentary to §1B1.1 (Application Instructions).
"Government entity" has the meaning given that term in 18 U.S.C. § 1030(e)(9).
"Protected computer" means a computer described in 18 U.S.C. § 1030(e)(2)(A) or (B).
"Restricted building or grounds" has the meaning given that term in 18 U.S.C. § 1752.
"Seaport" has the meaning given that term in 18 U.S.C. § 26.
2.
Application of Subsection (b)(3).—Valuation of loss is discussed in §2B1.1 (Theft, Property Destruction, and Fraud) and the Commentary to §2B1.1.
Background: Most trespasses punishable under federal law involve federal lands or property. The trespass section provides an enhancement for offenses involving trespass on secure government installations (such as nuclear facilities) and other locations (such as airports and seaports) to protect a significant federal interest. Additionally, an enhancement is provided for trespass at a residence.
Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (amendments 108 and 109); November 1, 1997 (amendment 551); November 1, 2001 (amendment 617); November 1, 2002 (amendment 637); November 1, 2003 (amendment 654); November 1, 2007 (amendments 699 and 703); November 1, 2013 (amendment 777); November 1, 2015 (amendment 791); November 1, 2024 (amendment 827).
* * * * *
3. ROBBERY, EXTORTION, AND BLACKMAIL
Notes of Decisions
United States v. John Nania, 724 F.3d 824 (7th Cir. 2013).
“U.S.S.G. § 2B2.3. When determining whether to adjust a defendant’s offense level, a court examines what the Guidelines call “relevant conduct.”
United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009).
“Cf U.S.S.G. § 2B2.3(b)(l) (providing as a specific offense characteristic for a two-level enhancement to the base offense level for trespass when the trespass occurred at certain secure government facilities and other locations including “at a residence”).”
United States v. Susan Su, 633 F. App'x 635 (9th Cir. 2015).
“The Guidelines calculation for group two included a cross reference under U.S.S.G. § 2B2.3(c)(l) for intent to commit visa fraud, which is also a conviction in the first group, and sentencing enhancements for role in the offense and obstruction of justice, which are also…”
United States v. Bledsoe (D.D.C. 2024).
· cites it 3× “As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by: 2 offense levels, pursuant to U.”
United States v. Mitchell (D.D.C. 2024).
· cites it 3× “1 As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
United States v. Williams (D.D.C. 2024).
· cites it 3× “This same total offense level applied to Count Two, which was subject to U.S.S.G § 2B2.3(a), due to application of a cross reference, at U.”
United States v. Stedman (D.D.C. 2024).
· cites it 3× “Had defendant been sentenced without the two enhancements found to be inapplicable in Brock, his total 5 As to Count Two, U.S.S.G. § 2B2.3 applied a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
United States v. Adams, Jr (D.D.C. 2024).
· cites it 2× “U.S.S.G. § 2B2.3(a) (trespass). Two points would be added because the entry occurred on a “restricted building or grounds.”
United States v. Moynihan (D.D.C. 2024).
“4—the guideline for obstructing or impeding officers, which carries a base offense level of 10—or U.S.S.G. § 2B2.3—the guideline for trespass, which carries a base offense level of 4.”
United States v. Kelly (D.D.C. 2024).
“Kelly briefly argues that his § 1752(a)(2) conviction should be evaluated under U.S.S.G. § 2B2.3, which would yield a shorter recommended sentence than the Government’s proposed Guidelines provision, U.”
— U.S.S.G. §2B2.3(a) — 4 cases
United States v. Adams, Jr (D.D.C. 2024).
“U.S.S.G. § 2B2.3(a) (trespass). Two points would be added because the entry occurred on a “restricted building or grounds.”
United States v. Bledsoe (D.D.C. 2024).
“As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by: 2 offense levels, pursuant to U.”
United States v. Mitchell (D.D.C. 2024).
“1 As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
United States v. Williams (D.D.C. 2024).
“This same total offense level applied to Count Two, which was subject to U.S.S.G § 2B2.3(a), due to application of a cross reference, at U.”
— U.S.S.G. §2B2.3(b)(1)(A)(vii) — 4 cases
United States v. Bledsoe (D.D.C. 2024).
“As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by: 2 offense levels, pursuant to U.”
United States v. Mitchell (D.D.C. 2024).
“1 As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
United States v. Williams (D.D.C. 2024).
“This same total offense level applied to Count Two, which was subject to U.S.S.G § 2B2.3(a), due to application of a cross reference, at U.”
United States v. Stedman (D.D.C. 2024).
“Had defendant been sentenced without the two enhancements found to be inapplicable in Brock, his total 5 As to Count Two, U.S.S.G. § 2B2.3 applied a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
— U.S.S.G. §2B2.3(b)(l) — 1 case
United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009).
“Cf U.S.S.G. § 2B2.3(b)(l) (providing as a specific offense characteristic for a two-level enhancement to the base offense level for trespass when the trespass occurred at certain secure government facilities and other locations including “at a residence”).”
— U.S.S.G. §2B2.3(c)(1) — 5 cases
United States v. Adams, Jr (D.D.C. 2024).
“U.S.S.G. § 2B2.3(a) (trespass). Two points would be added because the entry occurred on a “restricted building or grounds.”
United States v. Bledsoe (D.D.C. 2024).
“As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by: 2 offense levels, pursuant to U.”
United States v. Mitchell (D.D.C. 2024).
“1 As to Count Two, U.S.S.G § 2B2.3(a) applied with a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
United States v. Williams (D.D.C. 2024).
“This same total offense level applied to Count Two, which was subject to U.S.S.G § 2B2.3(a), due to application of a cross reference, at U.”
United States v. Stedman (D.D.C. 2024).
“Had defendant been sentenced without the two enhancements found to be inapplicable in Brock, his total 5 As to Count Two, U.S.S.G. § 2B2.3 applied a base offense level of 4, which was increased by 2 offense levels, pursuant to U.”
— U.S.S.G. §2B2.3(c)(l) — 1 case
United States v. Susan Su, 633 F. App'x 635 (9th Cir. 2015).
“The Guidelines calculation for group two included a cross reference under U.S.S.G. § 2B2.3(c)(l) for intent to commit visa fraud, which is also a conviction in the first group, and sentencing enhancements for role in the offense and obstruction of justice, which are also…”
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