2009 FEDERAL SENTENCING GUIDELINES MANUAL

CHAPTER 2 - PART N - OFFENSES INVOLVING FOOD, DRUGS, AGRICULTURAL PRODUCTS, CONSUMER PRODUCTS, AND ODOMETER LAWS

3.      ODOMETER LAWS AND REGULATIONS

§2N3.1.      Odometer Laws and Regulations

                   (a)       Base Offense Level: 6

(b)       Cross Reference

                               (1)       If the offense involved more than one vehicle, apply §2B1.1 (Theft, Property Destruction, and Fraud).

Commentary

Statutory Provisions: 49 U.S.C. §§ 32703-32705, 32709(b).

Background: The base offense level takes into account the deceptive aspect of the offense assuming a single vehicle was involved. If more than one vehicle was involved, §2B1.1 (Theft, Property Destruction, and Fraud) is to be applied because it is designed to deal with a pattern or scheme.

Historical Note: Effective November 1, 1987. Amended effective November 1, 1989 (see Appendix C, amendment 199); November 1, 1997 (see Appendix C, amendment 553); November 1, 2001 (see Appendix C, amendment 617).