Starting level and typical ranges
These ranges use the starting level alone, before any adjustments, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Which part of the border tunnel law was the conviction under: 18 U.S.C. §555(a) | 16 | 21–27 months | 12–18 months | 8–14 months | 24–30 months |
| Which part of the border tunnel law was the conviction under: 18 U.S.C. §555(b) | 8 | 0–6 months | 0–6 months | 0–6 months | 6–12 months |
Important details
- For a §555(c) conviction, the calculator asks for the offense level of the smuggling offense committed through the tunnel (§2X7.1, note 1).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for border tunnel offenses?
The guideline for border tunnel offenses is §2X7.1 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 8 to level 16. The table on this page lists each starting point. In some cases the starting level is taken from another offense instead; the calculator asks when that applies.
What is the guideline range for border tunnel offenses with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 16) alone, a person with no criminal history points who pleads guilty scores 8–14 months (8 months to 1 year, 2 months), including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.
Is probation possible for border tunnel offenses?
Possibly, with conditions. At the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone B, which allows probation with home detention, community confinement or intermittent confinement, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)).
Is the calculator accurate for border tunnel offenses?
It follows §2X7.1 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
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- Class A MisdemeanorsCommitted a serious misdemeanor that has no guideline of its ownVerified
- Using a Minor in a Crime of ViolenceUsed someone under 18 to commit a violent crimeVerified