Deleted departure provisions of §2L2.1. Trafficking in a Document Relating to Naturalization, Citizenship, or Legal Resident Status, or a United States Passport; False Statement in Respect to the Citizenship or Immigration Status of Another; Fraudulent Marriage to Assist Alien to Evade Immigration Law

Former §2L2.1, comment. (n.3) (Upward departure based on knowledge, believe, or reason to believe that the felony offense to be committed was of an especially serious type): Subsection (b)(3)[26] provides an enhancement if the defendant knew, believed, or had reason to believe that a passport or visa was to be used to facilitate the commission of a felony offense, USSG §2L2.1(b)(3) (Nov. 2024) provided: “If the defendant knew, believed, or had reason to believe that a passport or visa was to be used to facilitate the commission of a felony offense, other than an offense involving violation of the immigration laws, increase by 4 levels.” other than an offense involving violation of the immigration laws. If the defendant knew, believed, or had reason to believe that the felony offense to be committed was of an especially serious type, an upward departure may be warranted. Former §2L2.1, comment. (n.5) (Upward departure based on offense involving substantially more than 100 documents): If the offense involved substantially more than 100 documents, an upward departure may be warranted.