Sentencing Guidelines » Chapter 2 d

U.S.S.G. § 2D2.3

Operating or Directing the Operation of a Common Carrier Under the Influence of Alcohol or Drugs

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

(1)       26, if death resulted; or

(2)       21, if serious bodily injury resulted; or

(3)       13, otherwise.

(b)      Special Instruction:

(1)       If the defendant is convicted of a single count involving the death or serious bodily injury of more than one person, apply Chapter Three, Part D (Multiple Counts) as if the defendant had been convicted of a separate count for each such victim.

 

Commentary

Statutory Provision:  18 U.S.C. § 342.

Background:  This section implements the direction to the Commission in section 6482 of the Anti-Drug Abuse Act of 1988.  Offenses covered by this guideline may vary widely with regard to harm and risk of harm.  The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus.

Historical Note:  Effective November 1, 1987.  Amended effective January 15, 1988 (amendment 25); November 1, 1989 (amendment 141); November 1, 2023 (amendment 824); November 1, 2025 (amendment 836).

 

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3.      REGULATORY VIOLATIONS


 

Notes of Decisions
Cited in 3 cases, 1991–2018 · leading case: United States v. Sean Fitzgerald, 906 F.3d 437 (6th Cir. 2018).
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United States v. Sean Fitzgerald, 906 F.3d 437 (6th Cir. 2018). · cites it 2× “Fitzgerald moved for a downward departure under United States Sentencing Guidelines § 2D2.3, the commentary to which provides: “If no or only a few passengers were placed at risk, a downward departure may be warranted.”
United States v. Kandirakis, 441 F. Supp. 2d 282 (D. Mass. 2006). “See U.S.S.G. § 2D2.3(a) (providing a 26-level enhancement for the former, but 13 levels for the latter).”
United States v. Joseph Feekes, 929 F.2d 334 (7th Cir. 1991). “2 (acquiring a controlled substance by forgery, fraud, deception or subterfuge); and U.S.S.G. § 2D2.3 (operating or directing the operation of a common carrier under the influence of alcohol or drugs).”
— U.S.S.G. §2D2.3(a) — 1 case
United States v. Kandirakis, 441 F. Supp. 2d 282 (D. Mass. 2006). “See U.S.S.G. § 2D2.3(a) (providing a 26-level enhancement for the former, but 13 levels for the latter).”
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