Border Smuggling Crackdown Act

(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:

(2) Number of Unlawful Aliens Smuggled, Transported, or Harbored Increase in level (A) 2–4 add 2 levels (B) 5–9 add 4 levels (C) 10–19 add 5 levels (D) 20–29 add 6 levels (E) 30–49 add 8 levels (F) 50 or more add 10 levels.

(A) ; 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:

(7) Death or Degree of Injury Increase in level (A) Bodily Injury add 2 levels for each person so injured (B) Serious Bodily Injury add 4 levels for each person so injured (C) Permanent or Life-Threatening Bodily Injury add 6 levels for each person so injured (D) Death add 10 levels for each person who died.

(7) “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.

(B) ; 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.