How a smuggling sentence is calculated
| Fact | Levels | Rule |
|---|---|---|
| Not for profit, or only the person's own spouse or child | −3 | §2L1.1(b)(1) |
| 6 to 24 / 25 to 99 / 100 or more people | +3 / +6 / +9 | (b)(2) |
| One / two or more prior felony immigration convictions | +2 / +4 | (b)(3) |
| An unaccompanied child | +4 | (b)(4) |
| A weapon possessed / brandished or used / a gun fired | +2 / +4 / +6, with minimums of 18, 20, 22 | (b)(5) |
| Substantial risk of death or serious injury (a locked trunk, an overloaded vehicle, a dangerous crossing) | +2, at least level 18 | (b)(6) |
| Bodily injury / serious / permanent / death | +2 / +4 / +6 / +10 | (b)(7) |
| People held by threats or until someone paid | +2, at least level 18 | (b)(8)(A) |
The number of people does not count the person being sentenced. If someone died, the matching homicide guideline applies instead when it gives a higher level (§2L1.1(c)(1)).
Smuggling sentences for common situations
Each row assumes no criminal record, an early guilty plea, and the 2-level zero-point reduction where available, unless it says otherwise.
| Situation | How it adds up | Level | Guideline sentence |
|---|---|---|---|
| Drove 4 people for pay | 12 smuggling −2 plea −2 zero-point | 8 | 0–6 months |
| Drove 10 people for pay | 12 smuggling +3 6 to 24 people −2 plea −2 zero-point | 11 | 8–14 months 8 months to 1 year, 2 months |
| 10 people locked in a trailer The risk factor sets a minimum of level 18 | 12 smuggling +3 6 to 24 people +2 substantial risk of death or injury raised to the level-18 minimum −3 plea −2 zero-point | 13 | 12–18 months 1 year to 1 year, 6 months |
| Same, one person seriously injured No zero-point reduction with a serious injury | 12 smuggling +3 6 to 24 people +2 substantial risk +1 floor to 18 +4 serious bodily injury −3 plea | 19 | 30–37 months 2 years, 6 months to 3 years, 1 month |
| Gave 3 people a ride, not for money | 12 smuggling −3 not for profit −2 plea −2 zero-point | 5 | 0–6 months |
| Brought in 30 people for pay, 2 prior felony immigration convictions Category III assumed | 12 smuggling +6 25 to 99 people +4 two prior immigration felonies −3 plea | 19, Category III | 37–46 months 3 years, 1 month to 3 years, 10 months |
The legal maximum
Under 8 U.S.C. §1324(a)(1)(B) the maximum is set per person smuggled: 5 years for transporting or harboring without a profit motive, 10 years for bringing people in or acting for money, 20 years when someone is seriously injured or put in danger of death, and up to life when someone dies. Because the maximum applies to each person, cases with several people rarely hit the ceiling.
A separate charge, bringing someone to the United States for profit or without presenting them at a port of entry (8 U.S.C. §1324(a)(2)(B)), carries mandatory minimums: 3 years for a first or second violation done for profit (or with reason to believe the person will commit a felony), and 5 years for any later violation. The calculator does not apply those minimums; if one is higher than the range shown, the minimum controls.
Frequently asked questions
What is the sentence for human smuggling in federal court?
For someone with no criminal history points who pleads guilty: about 0–6 months for driving 4 people for pay, 8–14 months for 10 people, and 12–18 months when people were locked in a trailer or otherwise put in serious danger. A serious injury raises it to 30–37 months.
Is it a crime to give a ride to someone who is undocumented?
Transporting someone, knowing or in reckless disregard of the fact that they are in the country unlawfully, in furtherance of that unlawful presence, is a federal crime under 8 U.S.C. §1324. Without a profit motive it carries a 5-year maximum and the guideline takes 3 levels off. Someone with no criminal history points who drove three people for free and pleads guilty scores 0–6 months.
Why does a locked trailer matter so much?
Creating a substantial risk of death or serious injury adds 2 levels and sets a floor of level 18, so it can add 3 or more levels in practice. In the 10-person example it moves the range from 8–14 months to 12–18 months.
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