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e government of a political subdivision of a State. "Illegal transaction" means (A) any contribution, donation, solicitation, or expenditure of money or anything of value, or any other conduct, prohibited by the Federal Election Campaign Act of 1971, 2 U.S.C. § 431 et seq; (B) any contribution, donation, solicitation, or expenditure of money or anything of value made in excess of the amount of such contribution, donation, solicitation, or expenditure that may be made under such Act; and (C) in the case of a violation of 18 U.S.C. § 607, any solicitation or receipt of money or anything of value under that section. The terms "contribution" and "expenditure" have the meaning given those terms in section 301(8) and (9) of the Federal Election Campaign Act of 1971 (2 U.S.C. § 431(8) and (9)), respectively. 2. Application of Subsection (b)(3)(B).—Subsection (b)(3)(B) provides an enhancement for a defendant who commits the offense for the purpose of achieving a specific, identifiable nonmonetary Federal benefit that does not rise to the level of a bribe or a gratuity. Subsection (b)(3)(B) is not intended to apply to offenses under this guideline in which the defendant’s only motivation for commission of the offense is generally to achieve increased visibility with, or heightened access to, public officials. Rather, subsection (b)(3)(B) is intended to apply to defendants who commit the offense to obtain a specific, identifiable non-monetary Federal benefit, such as a Presidential pardon or information proprietary to the government. 3. Application of Subsection (b)(4).—Subsection (b)(4) shall apply if the defendant engaged in any combination of 30 or more illegal transactions during the course of the offense, whether or not the illegal transactions resulted in a conviction for such conduct. 4. Departure Provision.—In a case in which the defendant’s conduct was part of a systematic or pervasive corruption of a governmental function, process, or office that may cause loss of public confidence in government, an upward departure may be warranted. §2C1.8 GUIDELINES MANUAL November 1, 2005 – 130 – Historical Note: Effective January 25, 2003 (see Appendix C, amendment 648). Amended effective November 1, 2003 (see Appendix C, amendment 656); November 1, 2005 (see Appendix C, amendment 679). November 1, 2005 GUIDELINES MANUAL §2D1.1 – 131 – PART D - OFFENSES INVOLVING DRUGS 1. UNLAWFUL MANUFACTURING, IMPORTING, EXPORTING, TRAFFICKING, OR POSSESSION; CONTINUING CRIMINAL ENTERPRISE §2D1.1. Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy (a) Base Offense Level (Apply the greatest): (1) 43, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance and that the defendant committed the offense after one or more prior convictions for a similar offense; or (2) 38, if the defendant is convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(1)(C), or 21 U.S.C. § 960(b)(1), (b)(2), or (b)(3), and the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance; or (3) the offense level specified in the Drug Quantity Table set forth in subsection (c), except that if (A) the defendant receives an adjustment under §3B1.2 (Mitigating Role); and (B) the base offense level under subsection (c) is (i) level 32, decrease by 2 levels; (ii) level 34 or level 36, decrease by 3 levels; or (iii) level 38, decrease by 4 levels. (b) Specific Offense Characteristics (1) If a dangerous weapon (including a firearm) was possessed, increase by 2 levels. (2) If the defendant unlawfully imported or exported a controlled substance under circumstances in which (A) an aircraft other than a regularly scheduled commercial air carrier was used to import or export the controlled substance, or (B) the defendant acted as a pilot, copilot, captain, navigator, flight officer, or any other operation officer aboard any craft or vessel carrying a controlled substance, increase by 2 levels. If the resulting offense level is less than level 26, increase to level 26. (3) If the object of the offense was the distribution of a controlled substance in a prison, correctional facility, or detention facility, increase by 2 levels. (4) If (A) the offense involved the importation of amphetamine or methamphetamine or the manufacture of amphetamine or methamphetamine from listed chemicals that the defendant knew were §2D1.1 GUIDELINES MANUAL November 1, 2005 – 132 – imported unlawfully, and (B) the defendant is not subject to an adjustment under §3B1.2 (Mitigating Role), increase by 2 levels. (5) If the defendant, or a person for whose conduct the defendant is accountable under §1B1.3 (Relevant Conduct), distributed a controlled substance through mass-marketing by means of an interactive computer service, increase by 2 levels. (6) (Apply the greater): (A) If the offense involved (i) an unlawful discharge, emission, or release into the environment of a hazardous or toxic substance; or (ii) the unlawful transportation, treatment, storage, or disposal of a hazardous waste, increase by 2 levels. (B) If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to (I) human life other than a life described in subdivision (C); or (II) the environment, increase by 3 levels. If the resulting offense level is less than level 27, increase to level 27. (C) If the offense (i) involved the manufacture of amphetamine or methamphetamine; and (ii) created a substantial risk of harm to the life of a minor or an incompetent, increase by 6 levels. If the resulting offense level is less than level 30, increase to level 30. (7) If the defendant meets the criteria set forth in subdivisions (1)-(5) of subsection (a) of §5C1.2 (Limitation on Applicability of Statutory Minimum Sentences in Certain Cases), decrease by 2 levels. [Subsection (c) (Drug Quantity Table) is set forth on the following pages.] (d) Cross References (1) If a victim was killed under circumstances that would constitute murder under 18 U.S.C. § 1111 had such killing taken place within the territorial or maritime jurisdiction of the United States, apply §2A1.1 (First Degree Murder). (2) If the defendant was convicted under 21 U.S.C. § 841(b)(7) (of distributing a controlled substance with intent to commit a crime of violence), apply §2X1.1 (Attempt, Solicitation, or Conspiracy) in respect to the crime of violence that the defendant committed, or attempted or intended to commit, if the resulting offense level is greater than that determined above. (e) Special Instruction November 1, 2005 GUIDELINES MANUAL §2D1.1 – 133 – (1) If (A) subsection (d)(2) does not apply; and (B) the defendant committed, or attempted to commit, a sexual offense against another individual by distributing, with or without that individual’s knowledge, a controlled substance to that individual, an adjustment under §3A1.1(b)(1) shall apply. §2D1.1 GUIDELINES MANUAL November 1, 2005 – 134 – (c) DRUG QUANTITY TABLE Controlled Substances and Quantity* Base Offense Level (1) M 30 KG or more of Heroin (or the equivalent amount of other Schedule I or II Opiates); M 150 KG or more of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M 1.5 KG or more of Cocaine Base; M 30 KG or more of PCP, or 3 KG or more of PCP (actual); M 15 KG or more of Methamphetamine, or 1.5 KG or more of Methamphetamine (actual), or 1.5 KG or more of "Ice"; M 15 KG or more of Amphetamine, or 1.5 KG or more of Amphetamine (actual); M 300 G or more of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M 12 KG or more of Fentanyl; M 3 KG or more of a Fentanyl Analogue; M 30,000 KG or more of Marihuana; M 6,000 KG or more of Hashish; M 600 KG or more of Hashish Oil; M 30,000,000 units or more of Schedule I or II Depressants; M 1,875,000 units or more of Flunitrazepam. Level 38 (2) M At least 10 KG but less than 30 KG of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 50 KG but less than 150 KG of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 500 G but less than 1.5 KG of Cocaine Base; M At least 10 KG but less than 30 KG of PCP, or at least 1 KG but less than 3 KG of PCP (actual); M At least 5 KG but less than 15 KG of Methamphetamine, or at least 500 G but less than 1.5 KG of Methamphetamine (actual), or at least 500 G but less than 1.5 KG of "Ice"; M At least 5 KG but less than 15 KG of Amphetamine, or at least 500 G but less than 1.5 KG of Amphetamine (actual); M At least 100 G but less than 300 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 4 KG but less than 12 KG of Fentanyl; M At least 1 KG but less than 3 KG of a Fentanyl Analogue; M At least 10,000 KG but less than 30,000 KG of Marihuana; M At least 2,000 KG but less than 6,000 KG of Hashish; M At least 200 KG but less than 600 KG of Hashish Oil; M At least 10,000,000 but less than 30,000,000 units of Schedule I or II Depressants; M At least 625,000 but less than 1,875,000 units of Flunitrazepam. Level 36 (3) M At least 3 KG but less than 10 KG of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 15 KG but less than 50 KG of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 150 G but less than 500 G of Cocaine Base; M At least 3 KG but less than 10 KG of PCP, or at least 300 G but less than 1 Level 34 November 1, 2005 GUIDELINES MANUAL §2D1.1 – 135 – KG of PCP (actual); M At least 1.5 KG but less than 5 KG of Methamphetamine, or at least 150 G but less than 500 G of Methamphetamine (actual), or at least 150 G but less than 500 G of "Ice"; M At least 1.5 KG but less than 5 KG of Amphetamine, or at least 150 G but less than 500 G of Amphetamine (actual); M At least 30 G but less than 100 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 1.2 KG but less than 4 KG of Fentanyl; M At least 300 G but less than 1 KG of a Fentanyl Analogue; M At least 3,000 KG but less than 10,000 KG of Marihuana; M At least 600 KG but less than 2,000 KG of Hashish; M At least 60 KG but less than 200 KG of Hashish Oil; M At least 3,000,000 but less than 10,000,000 units of Schedule I or II Depressants; M At least 187,500 but less than 625,000 units of Flunitrazepam. (4) M At least 1 KG but less than 3 KG of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 5 KG but less than 15 KG of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 50 G but less than 150 G of Cocaine Base; M At least 1 KG but less than 3 KG of PCP, or at least 100 G but less than 300 G of PCP (actual); M At least 500 G but less than 1.5 KG of Methamphetamine, or at least 50 G but less than 150 G of Methamphetamine (actual), or at least 50 G but less than 150 G of "Ice"; M At least 500 G but less than 1.5 KG of Amphetamine, or at least 50 G but less than 150 G of Amphetamine (actual); M At least 10 G but less than 30 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 400 G but less than 1.2 KG of Fentanyl; M At least 100 G but less than 300 G of a Fentanyl Analogue; M At least 1,000 KG but less than 3,000 KG of Marihuana; M At least 200 KG but less than 600 KG of Hashish; M At least 20 KG but less than 60 KG of Hashish Oil; M At least 1,000,000 but less than 3,000,000 units of Schedule I or II Depressants; M At least 62,500 but less than 187,500 units of Flunitrazepam. Level 32 (5) M At least 700 G but less than 1 KG of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 3.5 KG but less than 5 KG of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 35 G but less than 50 G of Cocaine Base; M At least 700 G but less than 1 KG of PCP, or at least 70 G but less than 100 G of PCP (actual); M At least 350 G but less than 500 G of Methamphetamine, or at least 35 G but less than 50 G of Methamphetamine (actual), or at least 35 G but less than 50 G of "Ice"; M At least 350 G but less than 500 G of Amphetamine, or at least 35 G but less than 50 G of Amphetamine (actual); M At least 7 G but less than 10 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); Level 30 §2D1.1 GUIDELINES MANUAL November 1, 2005 – 136 – M At least 280 G but less than 400 G of Fentanyl; M At least 70 G but less than 100 G of a Fentanyl Analogue; M At least 700 KG but less than 1,000 KG of Marihuana; M At least 140 KG but less than 200 KG of Hashish; M At least 14 KG but less than 20 KG of Hashish Oil; M At least 700,000 but less than 1,000,000 units of Schedule I or II Depressants; M At least 43,750 but less than 62,500 units of Flunitrazepam. (6) M At least 400 G but less than 700 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 2 KG but less than 3.5 KG of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 20 G but less than 35 G of Cocaine Base; M At least 400 G but less than 700 G of PCP, or at least 40 G but less than 70 G of PCP (actual); M At least 200 G but less than 350 G of Methamphetamine, or at least 20 G but less than 35 G of Methamphetamine (actual), or at least 20 G but less than 35 G of "Ice"; M At least 200 G but less than 350 G of Amphetamine, or at least 20 G but less than 35 G of Amphetamine (actual); M At least 4 G but less than 7 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 160 G but less than 280 G of Fentanyl; M At least 40 G but less than 70 G of a Fentanyl Analogue; M At least 400 KG but less than 700 KG of Marihuana; M At least 80 KG but less than 140 KG of Hashish; M At least 8 KG but less than 14 KG of Hashish Oil; M At least 400,000 but less than 700,000 units of Schedule I or II Depressants; M At least 25,000 but less than 43,750 units of Flunitrazepam. Level 28 (7) M At least 100 G but less than 400 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 500 G but less than 2 KG of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 5 G but less than 20 G of Cocaine Base; M At least 100 G but less than 400 G of PCP, or at least 10 G but less than 40 G of PCP (actual); M At least 50 G but less than 200 G of Methamphetamine, or at least 5 G but less than 20 G of Methamphetamine (actual), or at least 5 G but less than 20 G of "Ice"; M At least 50 G but less than 200 G of Amphetamine, or at least 5 G but less than 20 G of Amphetamine (actual); M At least 1 G but less than 4 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 40 G but less than 160 G of Fentanyl; M At least 10 G but less than 40 G of a Fentanyl Analogue; M At least 100 KG but less than 400 KG of Marihuana; M At least 20 KG but less than 80 KG of Hashish; M At least 2 KG but less than 8 KG of Hashish Oil; M At least 100,000 but less than 400,000 units of Schedule I or II Depressants; M At least 6,250 but less than 25,000 units of Flunitrazepam. Level 26 November 1, 2005 GUIDELINES MANUAL §2D1.1 – 137 – (8) M At least 80 G but less than 100 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 400 G but less than 500 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 4 G but less than 5 G of Cocaine Base; M At least 80 G but less than 100 G of PCP, or at least 8 G but less than 10 G of PCP (actual); M At least 40 G but less than 50 G of Methamphetamine, or at least 4 G but less than 5 G of Methamphetamine (actual), or at least 4 G but less than 5 G of "Ice"; M At least 40 G but less than 50 G of Amphetamine, or at least 4 G but less than 5 G of Amphetamine (actual); M At least 800 MG but less than 1 G of LSD (or the equivalent amount of other Schedule I or II Hallucinogens); M At least 32 G but less than 40 G of Fentanyl; M At least 8 G but less than 10 G of a Fentanyl Analogue; M At least 80 KG but less than 100 KG of Marihuana; M At least 16 KG but less than 20 KG of Hashish; M At least 1.6 KG but less than 2 KG of Hashish Oil; M At least 80,000 but less than 100,000 units of Schedule I or II Depressants; M At least 5,000 but less than 6,250 units of Flunitrazepam. Level 24 (9) M At least 60 G but less than 80 G of Heroin (or the equivalent amount of other Schedule I or II Opiates); M At least 300 G but less than 400 G of Cocaine (or the equivalent amount of other Schedule I or II Stimulants); M At least 3 G but less than 4 G of Cocaine Base; M At least 60 G but less than 80 G of PCP, or at least 6 G but less than 8 G of PCP (actual); M At least 30 G but less than 40 G of Methamphetamine, or at least 3 G but less tha

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