S. 5322 — Introduced in Senate

II 118th CONGRESS 2d Session S. 5322 IN THE SENATE OF THE UNITED STATES November 14, 2024Mr. Ossoff (for himself and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the United States Sentencing Guidelines applicable to human smuggling offenses, and for other purposes. 1. Short title This Act may be cited as the Border Smuggling Crackdown Act. 2. Amendment of sentencing guidelines Section 2L1.1 of the United States Sentencing Guidelines Manual is amended— (1) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) If the offense involved the smuggling, transporting, or harboring of two or more unlawful aliens, increase as follows: Number of Unlawful Aliens Smuggled, Transported, or HarboredIncrease in level(A) 2–4add 2 levels(B) 5–9add 4 levels(C) 10–19add 5 levels(D) 20–29add 6 levels(E) 30–49add 8 levels(F) 50 or moreadd 10 levels. ; and (B) by striking paragraph (7) and inserting the following: (7) If any person died or sustained bodily injury, increase the offense level according to the seriousness of the injury: Death or Degree of InjuryIncrease in level(A) Bodily Injuryadd 2 levels for each person so injured(B) Serious Bodily Injuryadd 4 levels for each person so injured(C) Permanent or Life-Threatening Bodily Injuryadd 6 levels for each person so injured(D) Deathadd 10 levels for each person who died. “The cumulative offense level determined from the application of subsections (b)(2) and (b)(7) may not exceed level 29, except if subsection (b)(6) applies, in which case the cumulative offense level determined from the application of subsections (b)(2), (b)(6), and (b)(7) may not exceed level 38. ; and (2) in Application Note 7 of the Commentary by adding at the end the following: (D) The offense involves injury to, or the death of, a substantial number of individuals. .